Scottish Court of Session Decisions

The pursuer, Mrs Muir, is the only child of the marriage between Alexander Watson and Margaret M'Arthur or Taylor. The marriage took place in 1847, and Mrs Muir was born in 1848. Margaret M'Arthur, the pursuer's mother, had been previously married to William Taylor, and thus was the mother of Isabella Taylor. Upon her mother's marriage with Watson, Isabella Taylor, who was then about eight years old, came to reside with Watson, and continued to do so after her mother's death, which took place about three years after her marriage. Watson subsequently seduced Isabella Taylor, and thereafter went through a form of marriage with her at Gretna Green. The defenders are the children of Isabella Taylor by this connection. The object of the action was to declare the bastardy of the children, and that they are not entitled to the legal rights of lawful children of Alexander Watson, who was drowned in 1866.

The defences were (1) that it was not proved that Isabella Taylor was the daughter, or at least the lawful daughter, of Margaret M'Arthur or Taylor; (2) that even if she was, she was not aware that she was, and consequently married Watson in bona fide, in ignorance of the affinity between them.