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Scottish Court of Session Decisions >>
Laird of Ludquharn v Laird of Gight. [1665] Mor 11425 (21 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2711425-094.html Cite as:
[1665] Mor 11425
Aliment bestowed without Paction, when Paction might have been.
Laird of Ludquharn v. Laird of Gight
Date: 21 July 1665 Case No. No 94.
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The Laird of Gight having married Ludquharn's daughter, who remained in her father's family, and brought forth a bairn to Gight, and Died; Ludquharn, the child's goodsir, kept her in his family several years and now pursues Gight for her aliment; who alleged, Absolvitor, because the pursuer never having required a promise of this aliment, nor desired the defender to take home his daughter, it must be presumed that the pursuer did it animo donandi for his own oye.
The Lords found this defence relevant, for all years preceding the intenting of this cause.
