The fee of a subject proceeding from the wife, taken to the spouses in conjunct fee and liferent, and the heirs of the marriage in fee, found to be in the husband.
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The question was, Whether the husband or wife was fiar of the price of a tenement of houses, which had been disponed to the wife, redeemable by her brother for a sum specified, and by her disponed, by postnuptial-contract, “to her husband, and herself in conjunct fee and liferent, and to the heirs of the marriage in fee.”
It seems to have been admitted upon both sides, that the price, as a surrogatum to the subjects, was to be considered in the same light, as if the subjects themselves had been in medio. And various decisions were referred to for determining whether the fee was in the husband or in the wife, all of which are reported, Dict. voce Fiar.
‘The Lords found, that the fee was in the husband.’
For Watson, W. Wallace.Alt. Rolland.
Fac. Col. No 41. p. 268.
