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A declarator being sought by Alexander Sommerville of the bastardy of one Sommerville against L. Halcro, as debtor to the bastard; the Lords found the exception relevant, viz. that the father and mother of the alleged bastard cohabited together by the space of ten years as married folks, and were reputed to be married folks. Which exception was sustained, notwithstanding of a reply, bearing, that the person whose bastardy he sought, was reputed and esteemed by all the persons in the whole country, where the parents of the bastard and also himself dwelt and conversed, a bastard, which being pro fisco, he ought to be preferred. This reply was repelled, and the exception sustained. See Bastardy.
