Scottish Court of Session Decisions

Subject_1 ALIMENT.

Swinton of Strathore
v.
Mrs Swinton

1738, Dec. 8.
Case No. No. 7.

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Strathore, Clerk of Canongate, sold his office to Ninian Cunningham for a bond of annuity of 500 merks during life in way of aliment, and not to be arrestable by creditors. Strathore had granted his daughter-in-law a bond of 200 merks per annum for alimenting her children, his grandchildren. She arrested in Mr Cunningham's hands,—and in the forthcoming before the Sheriff, Strathore alleged that it was not arrestable, being alimentary, and come in place of an office whereof the profits were not arrestable. 2do, He had beneficium competeniæ. The Sheriff sustained the defence, and upon an advocation by the pursuer, the Lords, me reference, found the annuity not arrestable,—and what moved them was, that the profits of the clerkship sold were not arrestable; and though if the annuity had been more than a necessary aliment, they thought the surplus would have been affectable by creditors, as they awarded in the case of their own Macers, yet this was no more than a reasonable aliment for the defender's own family.