Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Samuel Chiesly
v.
Edgar of Wedderly

Date: 5 July 1676

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Samuel Chiesly having charged Edgar of Wedderly for payment of 800 merks, for which he became obliged for his brother, as apprentice-fee; he suspended, and raised reduction upon minority and lesion.

It was answered, No lesion; because the pursuer hath a natural obligation to aliment his brother-german. 2do. He represents his father in a considerable estate, who was obliged to aliment his children; and which the Lords have often extended to heirs having a considerable estate, during the minority of the children, so long as they were unable to entertain themselves, and accordingly, modified 50 merks of aliment to the same apprentice: And, seeing his apprentice-fee hath liberated his brother of five years' aliment when he was older, the same ought to be sustained.

The Lords modified 100 merks yearly, for the five years' apprenticeship; but would allow no annualrent thereof, although in the indenture; but, in place of the same, 50 merks of expenses.

Vol. II, Page 438.