Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Strachan
v.
Creditors of Strachan

1752, Jan. 22.
Case No. No. 41.

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Strachan of Dalhackie being bound by his contract of marriage to pay certain sums to the children to be procreated, according to their number, at the terms of payment therein mentioned, and in the mean time to aliment them, Ludovick, the only son, took a decreet of L.20 sterling of yearly aliment till his portion should fall due, and thereupon and upon the obligement in the contract for the portion, adjudication in security. But in the competition of creditors, we found that he could not upon the indefinite obligement to aliment, compete with his father's onerous creditors. But we repelled the other objections to the adjudication, viz. that in the decreet of constitution of the aliment or adjudication in security, he had not brought a proof against his father, that he was a son, or the only child of the marriage; that he had no decreet of constitution of the aliment, but had adjudged on the contract; and that he had not libelled the two alternatives of the act 1672;—in respect it was only an adjudication in security, and not in payment, which he could not have, the term of payment not being come.