AI-transcribed

Alimony of a wife, or maintenance of a child or imprisoned debtor. (See Act of Grace.)

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Aliment

Case Date Legal Subject Abstract
Alexander Bruce v. The Representatives of John Stein 1792 Succession, Debt, Creditor, Aliment, Tack, Cautioner Alexander Bruce pursued the representatives of John Stein for a debt arising from a 1770 bond involving Robert Stein, with trustees and spouses' portions also forming part of the dispute. The defenders resisted the action, leading Bruce and his trustee Alexander Abercromby to argue that the defenders, as representatives of the deceased John Stein, remained liable for the bond obligation.
Alexander Pagan and James Hunter v. Alexander Wylie 1792 Debt, Creditor, Bill of Exchange, Suspension, Aliment, Fraud Alexander Pagan and James Hunter, as suspenders, resisted Alexander Wylie’s claim upon a bill of exchange that had been altered from £8 to £84 after execution. Wylie, agent for the Paisley Union Bank, had discounted the bill for the higher amount and argued that the suspenders remained liable for the altered sum, while Pagan and Hunter maintained that such a material change precluded any charge against the original acceptor and indorser. The litigation centered on whether parties to a bill could be held responsible for a sum materially increased after the instrument had been signed.
Anderson v. Richardson 1786 Defamation, Libel, Aliment, Proof, Interlocutor, Prescription John Anderson, Professor of Natural Philosophy, as pursuer, alleged that William Richardson, Professor of Humanity, as defender, uttered defamatory invectives against him in a public classroom at the College of Glasgow. Based on the single document cataloged for this case.
Anderson v. Saunders 1829 Sasine, Interdict, Aliment, Feu, Interlocutor, Possession James Anderson and others raised an action of suspension and interdict against Robert Saunders concerning Saunders’ obstruction of a common stair leading to Anderson’s cellars and back-green, which Saunders used to access a sunk storey via a locked spar-door. Saunders answered the reasons of suspension and interdict, resisting the claims of nuisance and exclusive use. Following an interlocutor by Lord Medwyn, Ordinary, Anderson reclaimed against the decision, and Saunders subsequently appealed the interdict and suspension order barring his access. Both parties then submitted Cases arguing their competing rights to the stair, with Anderson contending that Saunders had no right to shut up the common passage and Saunders seeking alteration of the interlocutor granting the interdict against him.
Anstruther-Paterson v. Rutherfurd 1791 Election contest, Election, Oath, Aliment, Collusion, Feu duties Documents available Full description in progress.
Arbutnott, et al. v. Scott, et al. 1794 Proof, Res judicata, Interlocutor, Salmon Fishing, Mill, Aliment Arbutnott and others pursued Scott and others regarding a dam-dike that superior heritors claimed intercepted fish passage in violation of statutory regulations, while the defenders insisted the structure was a necessary check-dike for their mills. The petitioners sought alteration of a recent interlocutor, and the superior heritors informed the court that the dike was constructed to obstruct fish rather than supply water. The defenders maintained that alteration would injure their milling rights, and subsequently petitioned to be assoilzied, challenging the relevancy of the condescendence and the competency of the additional report and depositions.
Archibald and James Robertson v. John Laird 1790 Adjudication, Arrestment, Aliment, Inhibition, Insurance, Defamation Thomas Cochran, weaver in Leith, filed answers to the petition of Margaret Clark, spouse of James Greig, sailor in Leith, responding to allegations of riot and damage. Based on the single document cataloged for this case.
Bayne and Miller v. Wisheart-Belshes 1792 Succession, Aliment, Trustee, Reduction, Fraud, Cautioner Margaret Bayne and David Miller, baker in Perth, objected to the examination of James Dick Junior as a witness for Sir John Wisheart-Belshes in the process against him, arguing that Dick was disqualified by interest and relation. Based on the single document cataloged for this case.
Bell v. King 1794 Witness, Aliment, Adultery, Divorce, Mala Fides, Defamation James Bell, Sheriff-Clerk of Berwickshire, pursued an action of divorce against his spouse Isobel King, alleging she had committed adultery with their lodger Thomas Purves. King denied the charge and sought to lead evidence from Purves himself and from her own mother and siblings, while Bell objected that Scots law rendered both the alleged adulterer and near relations incompetent witnesses for the defender. The litigation involved petitions to alter interlocutors, competing memorials on witness competency, and Bell’s answers to King’s bill of advocation regarding the separation and adultery allegations.
Bernard Love v. George Foster 1832 Arrestment, Sequestration, Rent, Caution, Aliment, Factor Bernard Love, as pursuer, lodged a reclaiming note against Lord Moncreiff's interlocutor in his action against George Foster, defender. Based on the single document cataloged for this case.
Binning v. Binning 1766 Succession, Testament, Aliment The Pursuer, Helen Binning, sought 500 merks (Scots) willed to her father as aliment by her grandfather in a 1733 deed of settlement. The Pursuer's father, Patrick Binning, died young, after marrying at age sixteen. The parties in this case disagreed over whether or not Patrick married with the consent of his father. Helen, the only child of the marriage, was raised in her grandfather's home after the death of her father. The Defender, James Binning, was Helen Binning's uncle, eldest son of James Binning the elder. The Defender claimed that since his brother, Patrick Binning, died before reaching majority and before his father's death, Helen Binning's claim to her father's aliment payment was invalid. Upon the death of Margaret Binning, Helen's grandmother, in 1762, Helen brought action before the sheriff of Linlithgow against her uncle for payment of the 500 merks.
Blyth v. Lord Dreghorn's Interlocutor 1789 Debt, Adjudication, Creditor, Arrestment, Aliment, Succession Walter Blyth, as pursuer, presented a petition challenging an interlocutor pronounced by Lord Dreghorn. Based on the single document cataloged for this case.
Bowden and Gibson v. Esten and Bennett 1794 Contract, Parole Evidence, Debt, Arbitration, Defamation, Aliment Bowden and Gibson, as pursuers, maintained that the pursuer was entitled to his salary for eighteen nights under his engagement with Mrs. Esten, despite Esten and Bennett's refusal to allow him to perform as agreed. Based on the single document cataloged for this case.
Braimer v. Innes and Lothian 1788 Aliment, Debt, Succession, Interdiction, Trustee, Trust John Braimer, late of Edrom, as pursuer, petitioned the Court to alter Lord Stonefield's interlocutor, which maintained Braimer's interdiction and declared the trustees not bound to pay over the balance. Gilbert Innes of Stow and John Lothian, merchant in Edinburgh, as defenders, answered the petition, resisting Braimer's claim for reversion and discharge of the interdiction.
Brown v. Brown 1787 Succession, Aliment, Heirship Moveables, Debt, Trust, Heritor Jean Brown petitioned to alter an interlocutor that had ordered her to return a gold watch and gowns to Janet Brown, relict of George Baird, contending that the items were not marital property. Janet Brown answered, defending her claims of inheritance and possession of the heirship-moveables in dispute.
Burden alias Campbell v. Campbells and Robertson 1791 Succession, Aliment, Creditor, Legacy, Multiple-Poinding, Disposition Mrs Elizabeth Burden, alias Campbell, pursued the Campbells and Robertson as heir of her predeceased son John Campbell, claiming entitlement to his share of the residue of Duncan Campbell’s estate under the will’s substitution clause. She subsequently advanced additional claims under both the will and intestacy law, citing precedent for representative succession. The dispute centered on whether a mother could represent her deceased son to recover his portion of the inheritance under these competing theories of succession.
Burrell v. Lord Glenlee's Interlocutor 1798 Proof, Interlocutor, Servitude, Property, Aliment, Lease William George Burrell petitioned the Court of Session to alter an interlocutor issued by Lord Glenlee. Based on the single document cataloged for this case.
Burt v. Lord Justice Clerk's Interlocutor 1789 Succession, Aliment, Debt, Creditor, Sequestration, Defamation Robert Burt petitioned the Court of Session to alter an interlocutor that the Court had pronounced against the Lord Justice Clerk. Based on the single document cataloged for this case.
Cadell v. Johnstone 1798 Defamation, Arrestment, Libel, Proof, Aliment, Interlocutor John Cadell of Cockenzie pursued John Johnstone, printer in Edinburgh. Johnstone petitioned the Court to alter its recent interlocutor, and Cadell filed answers opposing the petition. The defender subsequently submitted evidence in support of his libel claim against Cadell, detailing alleged violence and misconduct during Tranent militia enforcement.
Cameron v. Cameron 1792 Lease, Succession, Tack, Aliment, Liferent, Adjudication Ro. Craigie petitioned the Court to alter the Lord Ordinary's interlocutors sustaining claims to the lands of Laick and Branahawn. The respondent argued that the lease of those lands secured by her father ought to be upheld notwithstanding contested settlements and allegations of hardship.
Campbell v. Irvine 1794 Aliment, Marriage, Creditor, Succession, Debt, Interlocutor
Campbell v. Monboddo's Interlocuter 1793 Succession, Debt, Aliment, Reversion, Entail, Trustees James Campbell petitioned against Lord Monboddo's interlocutor, asking the Court to alter the ruling that the reversion of the estate's sale price must be laid out upon lands. Based on the single document cataloged for this case.
Carnegie v. Turnbull 1796 Freeholder, Election contest, Aliment, Sequestration, Disposition, Freehold Qualification Carnegie complained of his removal from the roll of freeholders, arguing that he had departed the meeting before being called to take the trust oath and that no formal intimation had been given. Turnbull answered that Carnegie had been struck off for evading the oath after warning, and further asserted that Carnegie had divested himself of all land in the county prior to appearing at Forfar to assert a vote, thereby denying his qualification.
Children of Macneil v. Reps. of Campbell, et al 1793 Succession, Wadset, Aliment, Arrestment, Debt, Creditor
Chisholm v. Lord Gardenston's Interlocutor 1791 Aliment, Heritor, Contract, Tack, Adjudication, Sequestration William Chisholm petitioned the Court to alter Lord Gardenston's interlocutor. Based on the single document cataloged for this case.
College of Glasgow v. Lindsay 1793 Succession, Disposition, Infeftment, Contract of marriage, Creditor, Aliment
Counsellors of the Burgh of Burntisland 1789 Election contest, Magistrate, Election, Aliment, Decreet-Arbitral, Reduction The Provost, magistrates, and counsellors of Burntisland defended the validity of the burgh’s 1789 election of counsellors against complaints alleging bribery and seeking voidance or partial relief. Alexander Pitcairn petitioned the Court to alter a recent interlocutor that had ruled against his election as a counsellor, while William Muir and James Davidson also pursued complaints regarding the election, prompting answers from the magistrates and subsequent duplies. The magistrates later submitted a memorial arguing that Muir and Davidson’s election was void due to their non-residence and foreign status.
Countess of Sutherland v. Officers of State 1793 Teinds, Lease, Teind, Prescription, Tack, Aliment The Countess of Sutherland pursued the Officers of State to determine whether rents derived from salmon fishings were liable to vicarage teinds. The defenders argued that such rents were not teindable and that deductions ought to be denied, while the respondent maintained that salmon fishings were not subject to vicarage teinds in the absence of proof by forty years' possession and payment. The litigation turned on the criteria for establishing the teindability of salmon-fishing revenues.
Coventry v. Lord Hailes' Interlocutor 1787 Succession, Legacy, Liferent, Aliment, Testament, Debt Robert Coventry presented a petition challenging an interlocutor pronounced by Lord Hailes. Based on the single document cataloged for this case.
Crawford, et al v. Morrison, et al 1787 Election contest, Aliment, Election, Mala Fides, Adjudication, Inhibition Thomas Crawford, Charles Pirrie, Alexander Paterson, and John Gardner pursued John Morrison and others to have Morrison’s election as Deacon of the Incorporation of Wrights in Glasgow declared void. The respondents defended the 1787 election as having proceeded by lawful procedure and majority vote, and further averred that the complainants had themselves accepted office under the contested appointment.
Crawfords v. Russell, et al 1789 Succession, Aliment, Trustee, Debt, Arrestment, Disposition Agnes and Margaret Crawfurds, as pursuers, argued that they were absolute fiars during their lives and that their children were heirs to the sums bequeathed in fee. Based on the single document cataloged for this case.
Creditors for William Hunter v. David Armstrong and William Johnstone 1778 Bankruptcy, Creditor, Debt, Aliment, Fraud, Arrestment Creditors of the bankrupt William Hunter, joined by His Majesty’s Advocate, pursued David Armstrong, advocate, and William Johnstone, writer to the signet, as art and part guilty of Hunter’s fraudulent bankruptcy and the concealment of his effects following Hunter’s flight from Scotland in 1777. The pursuers alleged that the defenders had assisted in secret transactions and the hiding of assets to the prejudice of creditors, while Armstrong and Johnston denied complicity, maintaining they had acted on counsel and in good faith. The litigation proceeded through mutual condescendences, answers denying fraud, and repeated petitions and reclaiming petitions concerning the relevancy of proof and the Court’s interlocutors.
Creditors of Fergusson v. Swinton 1795 Creditor, Debt, Succession, Aliment, Feu duties, Property Hugh Ferguson, David Steuart, and other creditors of Walter Ferguson pursued an action against Mrs Catharine Swinton, his spouse, to set aside her marital settlements as fraudulent preferences prejudicial to their claims against the insolvent estate. They challenged the postnuptial contract granting her an annuity and provisions as voidable for preference. Mrs Swinton, represented by Alexander Keith as her curator ad litem, defended the deed as fair, onerous, and legally valid, resisting reduction.
Crichton v. Mackay 1788 Defamation, Aliment, Mala Fides, Creditor, Marriage, Succession Alexander Crichton petitioned the Court to alter a recent interlocutor. Defender Mary Mackay answered, responding to allegations of infamy and misconduct that Crichton had made against her.
Crosby and Attorney v. Maidment 1798 Debt, Aliment, Creditor, Assignment, Usury, Interest
Cunynnghame v. Whitefood, et al 1797 Succession, Deed, Aliment, Disposition, Reduction, Minor Lieutenant Colonel Francis Cunynghame pursued James Whitefoord and others, seeking to set aside a settlement executed by Whitefoord in 1792 while he was a minor. Cunynghame argued that the deed was void because a minor could not alter the succession to heritable estate established by the former proprietor, and further contended that the settlement lacked proper delivery. The litigation raised the question of whether a minor's deed could effectively convey or settle heritable property.
Darling v. Landells 1796 Teinds, Stipend, Augmentation, Heritor, Interlocutor, Aliment Darling pursued Landells regarding the stipend of the parish minister of Coldingham. The defenders submitted information arguing that the stipend as modified by the Court's interlocutor was suitable and equitable given the parish's rental and living expenses. The petitioner subsequently petitioned the Court to alter that interlocutor modifying the stipend.
David and Henry Lillie v. Mrs. Lillie or Smith, and Others 1832 Succession, Debt, Creditor, Legacy, Disposition, Aliment David and Henry Lillie pursued Mrs. Lillie or Smith and others to prove the tenor of a holograph letter written by Miss Margaret Seton that their sister Catherine Lillie had destroyed, asserting that the letter directed legacies to them. The defenders denied that the letter contained any such bequests in favor of the pursuers. The pursuers lodged a revised condescendence and note of pleas in law, the defenders answered, and the pursuers subsequently led proof regarding the contents of the destroyed letter.
David Wight v. William Inglis 1798 Succession, Aliment, Disposition, Debt, Heritor, Teinds David Wight pursued William Inglis, Alexander Inglis, Elizabeth Inglis, Margaret Inglis, Marion Inglis, and James Hay to have them assoilzied from the burdens of the 1774 settlements. The defenders maintained that the provisions in those settlements were not payable to them as heirs of provision, and Wight subsequently petitioned the Court to alter its interlocutor. The defenders answered, asserting a claim to 12,000 merks Scots legacy payable to their mothers' issue under the will of Andrew Simpson.
Davies, Jones, & Co. v. William Young 1786 Debt, Aliment, Oath, Interlocutor, Action, Bill of Exchange William Young petitioned the Court to alter an interlocutor pronounced by Lord Monboddo, claiming expenses, and Davies, Jones, & Co. answered the petition. The merchants defended against Young's claim for expenses and asserted that he had commissioned and received the six hats in dispute.
Dewar v. Howieson 1788 Aliment, Succession, Debt, Bill of Exchange, Assignation, Creditor Mrs Nisbet and her husband petitioned the Court of Session to alter the Lord Justice-Clerk's interlocutor. Based on the single document cataloged for this case.
Dickson v. Irving 1796 Aliment, Heritor, Interlocutor, Debt, Presbytery, Contract David Dickson, minister of the Gospel at St Mungo, petitioned the Court to alter its recent interlocutors in a suspension process against William Bell Irving of Whitehill, a heritor of the parish, wherein Dickson acted as Charger and Irving as Suspenders. Irving answered the petition.
Donald McDonald v. His Creditors 1780 Debt, Bankruptcy, Aliment, Sequestration, Arrestment, Creditor Documents are available. Full description in progress.
Douglas and Baillie v. Mitchell 1797 Teinds, Valuation, Stipend, Augmentation, Heritor, Aliment
Douglas v. Grierson 1793 Debt, Prescription, Oath, Interlocutor, Creditor, Aliment William Douglas, factor for the Representatives of the Leith Soperie Company, pursued payment from Mrs. Hislop, the widow, for soap furnished in 1782. When the court sustained the defender’s plea of triennial prescription, Douglas petitioned to alter and remit the interlocutor, arguing that written commission and receipt from 1782 provided sufficient proof of debt to overcome the prescription bar, and sought reconsideration of the ruling. Mrs. Hislop subsequently reclaimed against the interlocutor sustaining the defense of prescription.
Duckett v. Williams 1832 Fraud, Insurance, Aliment, Thirlage, Policy coverage, Evidence
Duggan v. Wight 1795 Debt, Aliment, Lease, Trust, Tack, Trustee Francis Duggan pursued Alexander Wight regarding the lands of Kevockmill, contesting Lord Elkgrove's title and claiming that Wight held the property in trust for him, asserting a beneficial interest despite his absence from the conveyance. Wight denied serving as trustee and relied upon rent receipts to reject Duggan's claim, citing contradictions and lack of funds. After the court pronounced an interlocutor against him, Duggan reclaimed; subsequently, Wight petitioned with correspondence disputing ownership, and Duggan answered maintaining his trust claim.
Dundas, et al v. Cameron 1794 Succession, Debt, Tack, Rent, Teinds, Aliment Dundas and his co-pursuers petitioned the Court to remit to the Lord Justice Clerk the case of Donald Cameron of Lochiel against the defender Alan Cameron concerning a disputed disposition and sasine of lands. Based on the single document cataloged for this case.
Eliott v. Curries 1796 Debt, Succession, Tack, Lease, Aliment, Rent
Falconer v. Dreghorn's Interlocuters 1793 Debt, Aliment, Creditor, Arbitration, Reduction, Factor Loco Tutoris George Gordon Falconer petitioned the Court to alter the interlocutor of Lord Dreghorn upholding an arbitral decree against Mrs Katharine Thomson. Based on the single document cataloged for this case.