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Subject_1 ALIMENT.
Creditors and Children of Falconer
1736 ,Feb .13 .
Case No.No. 3.
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Mr Mercer, the trustee for the daughter, having got no payment, we were pretty unanimous that he should be preferred upon each subject in his proper order, and that
for the whole sum; but if he had got actual payment of a part, several of us should have been of a different opinion,' and that he could only have been preferred for the remaining sum. But we found the daughter could have no aliment in competition with creditors where the father was obæratus,—and yet the President and some others were of a different opinion.—26th February, The Lords refused a bill without answers, and adhered as to the aliment.
The electronic version of the text was provided by the Scottish Council of Law Reporting