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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair, Younger, v Trustees and Creditors of Scot of Blair, his Father. [1737] 2 Elchies 22 (10 June 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020022-005.html |
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Subject_1 ALIMENT.
Blair, Younger,
v.
Trustees and Creditors of Scot of Blair, his Father
1737 .June 10 .November 4 .
Case No.No. 5.
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A liferent being constituted to one by a contract of marriage, and the estate provided to a series of heirs, but the destination being altered by the heir of the marriage; the heir, who on his death, succeeded through that alteration, found to have no claim of aliment from the liferenter, though he would also have been heir by the former investiture, had there been no contract of marriage. 2do, Found, That the heir's claim of aliment against the liferenter, is not effectual in competition with the liferenter's creditors who have affected the subject, for they thought this aliment not founded in the statute 1491, but introduced by custom ad exemplum of award superior, and vassals. The interlocutor in general sustains the defences, but these were the grounds they went upon. Vide inter eosd. voce Provision to Heirs and Children.
The electronic version of the text was provided by the Scottish Council of Law Reporting
