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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Muir v. Watsons [1871] ScotLR 8_596 (28 June 1871) URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0596.html Cite as: [1871] SLR 8_596, [1871] ScotLR 8_596 |
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Page: 596↓
Children of a pretended marriage between a man and the daughter of his deceased wife declared illegitimate.
The pursuer, Mrs Muir, is the only child of the marriage between Alexander Watson and Margaret M'Arthur or Taylor. The marriage took place in 1847, and Mrs Muir was born in 1848. Margaret M'Arthur, the pursuer's mother, had been previously married to William Taylor, and thus was the mother of Isabella Taylor. Upon her mother's marriage with Watson, Isabella Taylor, who was then about eight years old, came to reside with Watson, and continued to do so after her mother's death, which took place about three years after her marriage. Watson subsequently seduced Isabella Taylor, and thereafter went through a form of marriage with her at Gretna Green. The defenders are the children of Isabella Taylor by this connection. The object of the action was to declare the bastardy of the children, and that they are not entitled to the legal rights of lawful children of Alexander Watson, who was drowned in 1866.
The defences were (1) that it was not proved that Isabella Taylor was the daughter, or at least the lawful daughter, of Margaret M'Arthur or Taylor; (2) that even if she was, she was not aware that she was, and consequently married Watson in bona fide, in ignorance of the affinity between them.
The Lord Ordinary ( Ormidale) found the facts proved which have been stated above; and, in addition, that Isabella Taylor, at the time of her marriage with Watson, was in the knowledge that he had been previously married to her mother, which rendered any discussion on the legal effect
Page: 597↓
The defenders reclaimed.
Mair for them.
Asher, for pursuer, was not called on.
The Court adhered.
Mair, for the unsuccessful parties, moved for expenses, or at least that there should be no expenses found due to either party, on the ground that this was an action in which the defenders were called upon to defend their status as lawful children, which had been given to them by the father of the pursuer.
The Court, however, saw no reason to depart from the ordinary practice, and allowed the pursuer additional expenses.
Solicitors: Agents for Pursuer— J. R. & D. Ross, W.S.
Agent for Defenders— John Galletly, S.S.C.
