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Scottish Court of Session Decisions >>
Chiesly v Edgar of Wadderlie. [1676] Mor 417 (5 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0100417-054.html Cite as:
[1676] Mor 417
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Chiesly v. Edgar of Wadderlie
Date: 5 July 1676 Case No. No 54.
An elder brother found obliged to pay his younger brother's prentice-fee.
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Edgar of Wadderlie being charged upon an indenture betwixt him and Samuel Chiesly chirurgeon, for payment of the sum therein contained, for his brother's prentice-fee, and entertainment during his prenticeship; and having suspended the said bond, and intented a reduction thereof upon minority and lesion; the Lords found, That the second brother having no other means nor provision, his eldest brother, who was heir to his father, and had the estate, ought to entertain him, and to put him to a calling; and did not sustain the reason of lesion.*
Reporter, Forret.Clerk, Gibson.
Fol. Dic. v. 1. p. 32. Dirleton, No 369. p. 181.
* Lord Kames is under a mistake in supposing this case is reported by Lord Newbyth; there is no such case in that MS. collection.
