Scottish Court of Session Decisions

Subject_1 ALIMENT.
Subject_2 ALIMENT by PACTION.

Margaret Falconer
v.
Creditors

Date: 13 February 1736
Case No. No 89.

A paction to aliment, tho' constituted by contract of marriage, cannot compete with onerous debts of the father, who becomes bankrupt.

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In a contract of marriage, the husband became bound to pay to an only daughter, the sum of 6000 merks at her age of sixteen; and, in the mean time, to maintain her in bed, board, schools, cloaths, and all other necessaries. In a ranking of the man's creditors, wherein the daughter appeared with an adjudication upon this claim of aliment; it was pleaded for them, That this stipulation to aliment, is no more but exegetic of the natural obligation, and must cease when the father is no longer in a capacity to aliment himself.—The Lords found, That a paction to aliment, though constituted by a contract of marriage, cannot compete with the onerous debts of the father, he becoming bankrupt.

Fol. Dic. v. 1. p. 34.