Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

Marion Caldwall
v.
William Stewart

Date: 25 January 1773

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In a process, Marion Caldwall against William Stewart, for aliment of a child, a son, of whom Stewart was found to be the father,—at least was bound to aliment, as having had correspondence with the mother; Lord Auchinleck found, (25th January 1773,) that he was so bound, reserving relief to him against his correi. Secundo, His Lordship found, that, in the case of a bastard child, the father is bound to aliment, not the mother. Tertio, That the mother is entitled to the custody, especially where, as in this case, the father denied his being father. Quarto, He modified the aliment to L.l per quarter; and, Quinto, fixed the continuance of it till the child should attain the age of 12 years complete. Upon petition and answers the Lords adhered.

William Stewart was a small feuar near Beith. The woman was of equal rank. Both of them in very moderate circumstances.