Deeds in favour of Children or near Relations, whether presumed in satisfaction of former revocable settlements?
Steven v. Simpson
Date: 20 May 1791 Case No. No 129.
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Simpson, a lad of eighteen, apprentice to a ship-carpenter, having disagreed with his stepmother, was taken into the house of Steven a sawyer, who had married his father's sister, and was alimented by him for a year and a half, with the knowledge of his father. Steven, after the father's death, sued Simpson for his aliment, at the rate of 4s. per week. In a suspension of a decree of the Sheriff, who sustained the claim, Simpson pleaded That no bargain was made for any board or aliment either by him or his father; and, that from the near relation, it must be presumed to have been furnished ex pietate, as he being an apprentice all the time, and earning no wages, had no means of payment. The Lords were of opinion, that the debt was due both by father and son, and sustained the claim. See Appendix.
