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[1736] Mor 454      

Subject_1 ALIMENT.
Subject_2 ALIMENT by PACTION.

Margaret Falconer
v.
Creditors

Date: 13 February 1736
Case No. No 89.

A paction to aliment, tho' constituted by contract of marriage, cannot compete with onerous debts of the father, who becomes bankrupt.


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In a contract of marriage, the husband became bound to pay to an only daughter, the sum of 6000 merks at her age of sixteen; and, in the mean time, to maintain her in bed, board, schools, cloaths, and all other necessaries. In a ranking of the man's creditors, wherein the daughter appeared with an adjudication upon this claim of aliment; it was pleaded for them, That this stipulation to aliment, is no more but exegetic of the natural obligation, and must cease when the father is no longer in a capacity to aliment himself.—The Lords found, That a paction to aliment, though constituted by a contract of marriage, cannot compete with the onerous debts of the father, he becoming bankrupt.

Fol. Dic. v. 1. p. 34.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor0100454-089.html