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A tutor having obtained decree for the custody of his pupil against his mother, pursued her and her husband, who enjoyed the liferent of all the pupil's lands, for an aliment, and they having offered to entertain him gratis, the Lords did first prefer the mother to the custody of her child, upon this offer, though she was married to a second husband; but thereafter this was altered, and the child ordained to remain with the tutor, and the action for aliment sustained.
