Scottish Court of Session Decisions

Subject_1 PROOF.

Dr Arnot
v.
El Young.

1738, Dec. 12.
Case No. No. 4.

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The Lords seemed all to agree that a proof of cohabitation, and the defender's deliberately and solemnly, on several occasions, owning his marriage, especially where a child was procreate, was a habile way to prove a marriage, without a direct proof of the actual celebration, or of habit and repute in the sense of the law. They also agreed that the pursuer's sister and aunt would be habile witnesses for proving the actual celebration; but Royston and Arniston thought them not habile to prove this cohabitation and owning the marriage, notwithstanding the proof already brought that the pursuer enjoined secrecy to every body, and 2dly, that the witnesses already adduced referred to the sister and aunt as present at those meetings. But it carried by a great majority to approve the Commissaries' interlocutor, admitting them cum nota, and to refuse Dr Arnot's bill of advocation. Me referente.