Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. I.

Bastardy. - Adultery.

Churnside
v.
Williamson

Date: 11 January 1611
Case No. No 534.

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In an action of bastardy, if the defender allege, that the defunct must be reputed lawful, because she was so old that it was not possible to prove the marriage of her parents, the exception will be repelled, upon a reply, that her mother was esteemed her father's concubine; that she herself was in all her life esteemed a bastard; that her father married a wife in the defunct's mother's time, who lived many years reputed his lawful wife, bore him bairns, who are esteemed lawful bairns.

Fol. Dic. v. 2. p. 263. Haddington, MS. No 2084.