Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
1677.
July.
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A woman is provided to the half of the fee of some lands, failyieing of children of the marriage, the other half going to the heirs of the husband: the husband dies and leaves a son: the woman raises a pursuit of declarator that she ought to have right to the half of the fee, because the child was not her husband's but got upon her by another man, and not procreated of that marriage by him. Sir John Gilmour, being president, took the summons and tore it, and imprisoned the woman. See Craig, page 270, de quadam regina that in spleen against her son called him a bastard. In the Countess Dowager of Erroll's pursuit against the Earl, it was alleged against her, that she could not crave the additional jointure of 10 chalders of victual, provided to her in case there were no children procreated of the marriage betwixt them, because it was her own wyte that did not cohabit: sibi imputet that she had no children.
The Lords laughed heartily at the defence: and it is true indeed in one sense that per eum non stetit there was no bairns.
