Aliment bestowed without Paction, when Paction might have been.
Rig v. Rig
Date: 6 June 1676 Case No. No 95.
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The Lords found, as they had done formerly in another case, That where a person of a near relation stays for any considerable time in family with another, as, in the case in question, a brother with a sister, and both are majors, and of that age that they may agree, if it be so intended by either, that the one should be considered and have a fee and satisfaction as a servant to his sister, or that the sister should have satisfaction for the aliment and entertainment of her brother; if they make no such transaction, that neither the sister can claim aliment, nor the brother a fee, upon pretence that he did serve and did good offices to his sister; and that it ought to be thought and presumed that he did the same upon account of his relation, for his entertainment; and that she did entertain him in contemplation of the said relation, and that he was useful.
Clerk, Hay.
Fol. Dic. v. 2. p. 140. Dirleton, No 350. p. 166.*** Gosford reports this case:
In a pursuit at the sister's instance against the brother, for alimenting him when he was minor, it was alleged, That he had served her in her affairs during her alimenting him, which was equivalent. It was replied, That voluntary service of a brother cannot make her debtor. The Lords found, That seeing she had entertained him upon agreement with the curators, and that his service was proved, and that an agent would have got as much, neither she could crave aliment, nor he fee for his service.
