Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs.
Noble v. Noble
Date: 14 July 1627 Case No. No 37.
To the same effect with the above.
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John Noble, tutor to Alexander Noble, his pupil, having obtained the pupil delivered to him in presence of the Lords, by a preceding decreet, obtained by him against the mother of the bairn, and her husband, detainers of the bairn for the time; he now pursuing the said pupil's mother and her husband, who was infeft in liferent, and was in possession of his whole lands; and who also had the gift of his waird and marriage, for an yearly modification, to be given for the entertainment of the said bairn; and the defender's compearing and offering to entertain the bairn herself, and to keep him:——The Lords admitted the mother's offer to entertain and keep the bairn herself; and found, in respect thereof, that the bairn ought to be delivered to her for that effect, and therefore that no modification ought to be given to the tutor; which was so found; albeit, that by a preceding sentence, as said is, against the mother, the bairn was decerned to be delivered by her to his said tutor; and that, conform thereto, the bairn was in the tutor's keeping; and also, albeit the mother was married with a second husband.
This was thereafter altered, and the bairn ordained to remain with the tutor, and the action for aliment sustained. (See Tutor and Pupil.)
Clerk, Gibson,
Fol. Dic. v. 1. p. 31. Durie, p. 310.
