Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
The Children of the Laird of Lawriston v. Lawriston
Date: 5 July 1677 Case No. No 55.
An heir who had paid to his mother the aliment of his sisters for three years, found obliged to continue the payment till their provisions became due.
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The deceased Laird of Lawriston, by a second contract of marriage, provided 10,000 merks to his two eldest daughters, begotten before that marriage, and 3000 merks to each of them, that should be born thereafter, payable at their age of 15, with annualrent thereafter; there being eight children of that marriage, this Laird their brother did for three several years give eight chalders of victual to their mother to entertain them; and now they pursue for five years aliment since that time. The defender alleged absolvitor, because he was not obliged to entertain his brothers or sisters, either by law or paction, especially where they had provisions, which, though they bore not as yet annualrent, they might make use of a part of the stock. 2do, Their mother entertained them, which is to be presumed to be ex pietate materna, as a donation to preserve the stock of their portions, and therefore she can claim nothing for bygones.—It was answered, That it is a natural obligation upon parents to entertain their children, whereunto the Lords have always given a civil effect, and allowed action not only against the parent, but against his heirs, and these children have no means before their age of 15; and as to their mother's entertainment, the presumption ceaseth, because their own provision is very small, and she hath both claimed and obtained from the heir, aliment for them for three years.
The Lords sustained the aliment, and remitted to the Ordinary to consider the condition of the heir's estate and the childrens' age; and to modify and report.
