Date of Decision: 14 Jan 1767
Abstract: This case involved a dispute over how much money a husband owed his wife's family in aliment so that the wife could live with her family and the marriage could remain secret. William Sloan (deceased) and Anne Nielson (the Pursuer) married in secret in 1752 when Nielson was only seventeen. At the time, Sloan was in divinity school and felt that the relationship would be perceived as inappropriate for a man of his upbringing and occupation. Once married, Sloan claimed that revealing his part in a secret or clandestine marriage would be equally fatal to his career. In 1754, he granted bond to Neilson's trustees, her brother and uncle, to pay an annual stipend to Nielson's family to cover her living expenses. During their marriage and until Sloan's death in 1765, Anne Nielson and William Sloan never lived together as husband and wife. Sloan lived and worked as a minister in Dunscore, while Nielson lived with her mother in Edinburgh. When the case came before the Court of Session in 1765, the Court ruled that Sloan, who had died in debt, could only have been expected to pay Anne Nielson what he could reasonably afford, and the Court reduced the yearly payment due to Anne Nielson from the amount claimed by her trustees. The Nielson family appealed this decision. Sloan's executors also argued that due to Nielson's silence about her marriage when Sloan was alive, Sloan's creditors had no knowledge of Sloan's financial obligations to his wife at the time they lent him money, and that her latent claims to aliment were now unjustly delaying repayment of debts due to Sloan's creditors.
Subjects: Bankrupt, Aliment, Debt

Published Report

William Morison, The Decisions of the Court of Session (1811), 998


Anne Nielson, Wife of the deceased William Sloan
Richard Nielson, of Corsock, Brother of Anne Nielson
William Tod, Uncle of Anne Nielson
Trustee/Tutor/Representative for Defender:
John Aitken, Trustee for the creditors of William Sloan
Robert Ramsay, Trustee for the creditors of William Sloan
John Austin, Nephew of William Sloan and nearest of kin
Alexander Austin, Nephew of William Sloan and nearest of kin
William Austin Jr., Nephew of William Sloan and nearest of kin

People or Organizations Associated with Case

Named in case documents:
William Sloan, Late husband of Anne Nielson, Pursuer
Janet Rae, Mother of Anne Nielson, Pursuer
John Nielson, Father of Anne Nielson, Pursuer
William Austin, Father of John, Alexander, and William Austin, next of kin to William Sloan
Lord Ordinary:
Robert Bruce, of Kennet, Lord Kennet
Advocate for Defender:
Robert McQueen
Advocate for Pursuer:
Alexander Murray