In a proof of insanity it is not competent to examine witnesses with regard to the insanity of the relations of the party alleged to be insane.
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In the declarator of marriage at the instance of Elizabeth Walker, to have it found that she was the lawful wife of the late Quintin Macadam of Craigengillan, and that her children were lawful children; it was objected by the next heir, that Macadam was in a state of insanity at the time when he made the declaration of marriage upon which the pursuer founded her action of declarator. A proof was taken before the Commissaries; in the course of which, the defender endeavoured to shew that Macadam was constitutionally liable to fits of insanity; and with a view to establish this fact, interrogated certain witnesses, with respect to the disease being hereditary in his family, and whether certain of his near relations had not been subjected to that malady. These questions being objected to on the part of the pursuer, the Commissaries refused to allow them, finding it incompetent for the defender to prove the insanity of Macadam by such facts. A bill of advocation having been presented against this interlocutor of the Commissaries, praying for a remit to allow such interrogatories to be put, was, after advifing with the Lords, refused by the Lord Ordinary; and a reclaiming petition against this interlocutor was likewise refused, without answers.
Lord Ordinary, Cullen.Act. Thomson.Agent. Jo. Smith junior, W. S.Alt. Clerk.Agent, Ar. Crawford, W. S.
Fac. Coll. No 244. p. 548.
