Scottish Court of Session Decisions

Subject_1 ALIMENT.

Children of Douglas
v.
Douglas

1739, Feb. 8.
Case No. No. 9.

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In a process of aliment the Lords found so, that Sir John as representing his father, and having succeeded to his estate, was liable before their mother, though in the modification they would have consideration of the heir's circumstances, so as in case he could not afford a competent aliment, the mother behoved to make out the superplus (but she was not called in the process,) yet if the brother's obligation to aliment had been only super jure naturæ as a rich brother, and not as heir of the common father, they thought the mother would have been first liable. 2dly, They found the daughter entitled to aliment even after majority till marriage, but found the sons entitled to aliment only till majority. 3dly, Found no aliment for time bygone, except as to what debts they may have contracted for their aliment, which they remitted to be heard before the Ordinary.