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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> King's Advocate v Craw. [1669] Mor 12637 (19 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor3012637-539.html
Cite as: [1669] Mor 12637

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[1669] Mor 12637      
Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. I.

Bastardy. - Adultery.

King's Advocate
 v.
Craw

Date: 19 February 1669
Case No. No 539.

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In a declaration of bastardy, though the pursuer cannot be bound to instruct that the father and mother of the alleged bastard were not married, it it incumbent on him to go as far as he can to a proof of this negative, that the defunct was holden and reputed bastard at the time of his death.

Legitimation accepted by the defunct from the King, is a sufficient evidence of bastardy.

 Fol. Dic. v. 2. p. 263. Stair.

*** This case is No 87. p. 2748. voce Competent.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor3012637-539.html