BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Helen Adam v Sir Andrew Lauder. [1764] Mor 400 (11 July 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor0100400-030.html Cite as:
[1764] Mor 400
Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs. Subject_3 Import of the Act:
It is ordained, that where any lands happen to fall in ward to the King, or any baron of the realm, spiritual or temporal, or lands given in conjunct fee or liferent, as well as to burgh as to land, that the sheriff of the shire or bailies shall take surety of the person or persons, that gets or has such wards, that they shall not waste or destroy their biggings, orchards, woods, stanks, parks, meadows, or dovecots, but that they hold them in such kind as they are in the time that they receive the same; they taking their reasonable sustentation, or using, in needful things, without destruction or wasting thereof. “And an reasonable living to be given to the sustentation of the air, after the quantitie of the heritage, gif the said air has na blanche ferme, nor feu ferme land, to susteine him on, alsweil of the ward lands, that fallis to our Soveraine Lordis hands, as onie uther barronne, spiritual or temporal.”
Scots Acts, v. 1. p. 158.
Helen Adam v. Sir Andrew Lauder
Date: 11 July 1764 Case No. No 30.
A grand-father holding an entailed estate, was found bound to aliment his son's wife. See No 26. He was not bound to continue the aliment after his son's death.
Click here to view a pdf copy of this documet : PDF Copy
William Lauder, junior, of Fountainhall, intending to go abroad to the East Indies, as an ensign in the service of the East India Company, married, privately, Helen Adam, a servant in his father's house, and soon after left this country. In his absence she brought a process of aliment against Sir Andrew Lauder, her husband's father, setting forth, That he, the defender, was bound to aliment his son, and consequently his son's wife as part of the family; and that she was entitled to claim a share of this aliment for herself, as her husband had deserted her. An aliment was accordingly decreed her of L. 15 Sterling yearly. But the son afterward having died in the East Indies, Sir Andrew stopped payment of the aliment; and, being charged upon the decree, he brought a suspension upon the following ground, That he was under no natural or legal obligation to aliment his son's wife after his son's death. And the Judges, by a great plurality, found, That after the dissolution of the marriage, Sir Andrew was not bound to aliment his daughter-in-law.
Fol. Dic. v. 3. p. 21. Select Dec. No 220. p. 284.
