Scottish Court of Session Decisions

This was a petition presented by John Dunlop Lumsden, cooper, residing at Boddam, in the county of Aberdeen, for the custody of Andrew Buchan Lumsden, the only child of the marriage between him and Margaret Smart Buchan or Lumsden, daughter of Andrew Buchan, salmon-fisher, Boddam. The petitioner set forth that he was married on 5th November 1880, and that the child was born on or about 26th September 1881, and on 26th December 1881 his wife deserted him. He further set forth that on the same date Andrew Buchan and his wife removed the child from the petitioner's house in his absence, and took it to their own house at Boddam; that he had endeavoured to get back his child, but that Andrew Buchan refused to give him up; that he was apprehensive that when Andrew Buchan became aware of the presenting of this petition that he would hand over the said child to the petitioner's wife; that in this way a new and expensive application would be rendered necessary; and that for the prevention of this he was anxious that the said Andrew Buchan should be interdicted from parting with said child to the petitioner's wife or anyone else.

The Court ordered intimation to be made on Andrew Buchan and on the petitioner's wife, and granted interim interdict against Buchan as craved.