Scottish Court of Session Decisions

Subject_1 WITNESS.

Campbell
v.
Campbell

1738, Jan. 3.
Case No. No. 8.

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In a reduction ex capite lecti, an objection against a witness was reported by Roystou, without informations, viz. That she was mother to the pursuer and grandmother to the defenders, she being widow of Colonel Campbell, and brought to prove the state of his health at making the deed quarrelled, which was 20 years ago. My difficulty was, Whether a parent could be at all admitted as a witness either for or against a child? for as to any remote relation, the quality of the relation to both parties, and the nature of the fact to be proven, which was a domestic one, removed the objection: but the rest of the Lords thought that the L. 6. C. De Testibus did not take place with us, at least in civil cases. Arniston said, that if the proof was to affect the child personally, the objection would be good, but not otherwise; and they all voted to repel the objection, except Royston and I, who did not vote.