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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Scott's Trustees, &c. [1737] 1 Elchies 19 (10 June 1737)
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Subject_1 ALIMENT.
Blair
v.
Scott's Trustees, &c
1737 ,June 10 .
Case No.No. 5.
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The case was fully argued upon the Bench. Arniston and Kilkerran thought, that the pursuer being excluded from the succession by the contract of marriage, whereby the liferent was constituted, and being only brought back to the succession after the liferent took effect, had no claim of aliment, though the contract remained still a personal right, and he was always heir of the investiture. 2dly, That however this claim of aliment might be founded against the liferenter, yet it is not competent against the creditors who have affected it, because this claim is not founded on the act 1491. Several of us differed in both; but upon a division, it carried to sustain the defence against the aliment.—Adhered 4th November.
The electronic version of the text was provided by the Scottish Council of Law Reporting