Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Lady Otter v. Laird of Otter
Date: 8 January 1663 Case No. No 49.
The heir is liable to aliment his brothers and sisters. A bond of provision being granted to a daughter, payable at a future time, the heir must aliment her in the interim.
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The umquhile Laird of Otter, by his contract of marriage, having provided his estate to his heir-male, provided 5000 merks to his eldest heir-female, when she should be capable of marriage; and an occasion offered; whereupon the said heir-female, her mother, pursues the heir-male for payment of the sum, and for payment of an aliment to the heir-female, during the time she hath been with her mother, and in time coming, till the provision be paid.—The defender alleged, The libel is noway relevant for aliment, he not being obliged by the contract for any aliment, but only for the sum, at such a time; neither is there any annualrent due for the provision till the term of payment.
Yet the Lords found, That albeit that was no annualrent, nor provision for aliment, and that de jure annualrent is but due ex pacto, they would in this case allow an aliment far within the annualrent; because it was all that the daughters got for a very considerable estate, which was but a very small provision.
