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Scottish Court of Session Decisions >>
Margaret Wallace v Wallace of Craigie's Heirs of Line and Tailyie. [1702] 4 Brn 540 (23 December 1702)
URL: http://www.bailii.org/scot/cases/ScotCS/1702/Brn040540-0037.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Margaret Wallace v. Wallace of Craigie's Heirs of Line and Tailyie
Date: 23 December 1702
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Mrs Margaret Wallace, daughter to Sir William Wallace of Craigie, by Nid-dery's daughter, pursues an aliment against her father's Heirs of Line and Tailyie; and the modification being remitted to the Lords, they first considered her portion, which is £1000 sterling, and not to bear annualrent till her age of twelve; and then her age, that is, only about three or four; and so they modified 500 merks to her yearly, till her age of seven complete; and then 700 merks till her age of twelve. And it being craved that she might have a decreet for this, against the factor of the estate of Craigie; but the creditors opposed, contending,—That the decreet of aliment could only be the ground of an adjudication against her father's estate; and in the ranking of the creditors she may compear, but in all probability may be ranked behind most of them, so little reason there is to give her a present preference upon a personal bond not yet made real; though it may be contended she ought not to starve medio tempore; but her mother's jointure may allow her something of it.
The Lords declined to determine the preference hoc loco, or to grant warrant to the factor for making present payment, but left her to her course in law.
