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Scottish Court of Session Decisions >>
The Creditors of John Newlands, v John Newlands, junior. [1799] Mor 1_3 (6 July 1799)
URL: http://www.bailii.org/scot/cases/ScotCS/1799/Mor01ALIMENT-003a.html Cite as:
[1799] Mor 1_3
The Creditors of John Newlands, v. John Newlands, junior
Date: 6 July 1799 Case No. No. 3a.
The creditors of a liferenter are not bound to aliment the fiar.
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During the dependence of the question between John Newlands junior and the creditors of his father, No. 73. 4289. with regard to the fee of certain heritable subjects destined to the father “in liferent, for his liferent use allenarly, and his children nascituri in fee,” the Court, with consent of the creditors, granted young Newlands an aliment of £30 yearly.
But the judgment of the Court, finding, that the fee could not be attached for the debts of the father, having been affirmed on appeal 26th April 1798, the creditors presented a petition, craving, That the allowance should be discontinued, and stating, that they had formerly consented to it, in hopes that the fee would have been found liable for their debts, in which case there would have been a reversion. These hopes were now disappointed, and they were under no legal obligation to aliment the son of their debtor.
It was represented for young Newlands, who was still a pupil, that during his father's lifetime he was totally destitute of funds for his aliment and education.
The Court, on advising the petition, with minutes, granted the prayer of it.
Lord Ordinary, Meadowbank.For the Petitioners, Hope.Alt. W. Erskine.Clerk, Sinclair.
Fac. Coll. No. 138. p. 311.
