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William Hepburn and Jean White, both young persons of middling rank, having contracted an intimacy with each other, the consequence was, the birth of a child. His having had that intercourse was not denied by Hepburn; and it was proved by witnesses, that while Jean White was with child, he said to different persons, “that he was married to her, or that she was his wife;” caused proclamation of banns to be made between him and her; and entered with her father on a treaty of marriage. But there was no evidence of any such treaty, or of a promise of marriage, prior to copula, and but a very slight proof that any courtship had then taken place.
The Commissaries “found facts, circumstances, and qualifications proved, relevant to infer marriage betwixt the pursuer and defender.” This sentence was brought under review by advocation; and,
“The Lord Ordinary having reported the cause, upon informations to the Lords, refused the bill, and remitted the cause to the Commissaries, with this instruction, that they alter their interlocutor, finding facts, circumstances, and qualifications proved, relevant to infer marriage between the parties, and assoilzie the defender.”
Reporter, Lord Braxfield.Act. Honyman.Alt. Rolland, Mat. Ross.Clerk, Home.
Fol. Dic. v. 4. p. 170. Fac. Col. No 235. p. 364.
