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Mr Robert Swinton, as donatar to the bastardy of Andrew Lamb, pursues a declarator of the bastardy; Marion Kaills having a gift of ultimus hæres of the same Andrew pursues also declarator thereupon. The Lords, that they might prefer neither party in the probation, did, before answer, grant warrant to examine witnesses hinc inde, whether Lamb, who died 39 years ago, was held and reputed bastard, or lawfully begotten; whether his father or mother were married, and were held and reputed married, or did cohabit as man and wife: And six witnesses being examined for either party, several of Swinton's witnesses deponed that Lamb was reputed bastard, and one deponed that his mother made public repentance as furnicatrix with his father; but the other witnesses deponed, that they were in the father's house, and saw his father and mother cohabit together as man and wife.
The Lords found that he was no bastard, and assoilzied from the declarator of bastardy, in respect of the cohabitation as man and wife; and as to the declarator of ultimus hæres, compearance being made for an apparent heir, they were ordained to condescend upon the propinquity of blood.
