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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Vans v Vans. [1736] 1 Elchies 18 (4 February 1736)
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Subject_1 ALIMENT.
Vans
v.
Vans
1736 ,Feb .4 .
Case No.No. 2a.
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The Lords found, that the whole pay must be accounted for without any abatement for the aliment, as had been before judged in the case of Lord Kimmergham's creditors and daughter. Royston and I differed, because an officer's pay is in construction of law alimentary, and for that reason alimentary; and therefore, though a father alimenting præsumitur to do it ex pietate, which will even preponderate the presumption debitor non præsumitur donare in the case of a common debt, which was Lord Kimmergham's case, yet a father uplifting an alimentary provision of his bairns, and accordingly alimenting, is presumed to do it out of their proper fund.
The Lords found Patrick Vane's pay uplifted by his father as administrator-in-law did not bear annualrent, in respect he alimented him; and I think the judgment right, but how does it tally with the former one of 4th February last?—29th June.
The electronic version of the text was provided by the Scottish Council of Law Reporting