Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

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Date: 26 January 1758

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A wife pursued a divorce against her husband on account of adultery. The defence was reconciliation, in so far that, after the adultery was committed, she had cohabited with her husband, and had a child by him. The answer was, 1mo, That she had not then any certainty of the fact being committed, though she might have had very reasonable grounds of suspicion ; 2do, Suppose she had known certainly, yet her not separating from her husband immediately, but continuing to live with him in an ordinary matrimonial way, was no proof of her having forgiven him, or being reconciled ; 3tio, Supposing this to be an evidence of her being disposed to forgive, yet there was a fresh provocation alleged, viz. an attempt to poison her, which made it lawful for her revocare ad animum the first injury. But these answers the Lords did not sustain, by the President's casting vote.