Star.
London, England, 1827-05-25 00:00:00

MARRIAGE LAW OF SCOTLAND.

COURT OF SESSION, Swots Dwmoss, Mar IS.
MONRO V. ROSS.
This ease, which was considered quite novel and very
important, came on before the Court this day. The
facts are shortly these:—Alexander Ross, a native of
Scotland, emigrated to London at an early ate, where
he carried on a very extensive business. Many, years
ago he succeeded, under a, deed of entail, to the estate
of Cromarty. Occasionally he resided on his estate,
and being a freeholder of the county, took a very active
hand'in the political affairs connected with it. About
the year 1810, he became acquainted with Elizabeth
Woodman, an English woman, who bore him a son in
London, in February, 1811. In May, 1815, Mr. Ross
Ili ought Mrs. Woodman, and her son, with him to
Semiarid, for the avowed purpose of marrying the for-1
mer, and legitimatizing the latter as his lawful heir, ac.l
cording to the law of Scotland. Accordingly, after
residing in the neighbourhood of Leith till the whole
forms and requisites of the Church of Scotland were
duty complied with, his marriage was duly celebrated,
and Mrs. Woodman became Mrs. Ross, was openly ac-
knowledged as such, and her son as the legitimate child
and heir of Mr. Ross. After this they went to Cro-
marry House, where they resided till September, 1815,
when they returned to London. Till the time of Mr.
Ross's death; which happened in 1820, nothing occurred
to disturb the legitimate pretensions of Mrs, Ross and
her son; but after Mr. Ross's death, Mrs. Monro, the
pursuer in, the _present action, took steps to succeed to
the estate of Cromarty as nearest heir of entail. It was
admitted, that if the son George, the present defender,
could be held tab* a legitimate child, the pursuer had no
title to succeed, and she raised the present action before
the Commissary Court, in order to have it declared, that
the defender, having been born a bastard in England,
where the character of bastardy is held- to be indelible,
and the subsequent marriage of the parents does not
legitimatise the offspring, therefore he should be held
to be a bastard still, notwithstanding the subsequent
marriage of his parents in Scotland, and so incapable of
succeeding as lawful heir to the estate of Mr. Ross, in
Scotland. The Commissaries decided in favour of the
defender, that he was duly legitimatised by the subse-
quent marriage of his parents in Scotland, and therefore
lawful heir of his father. The pursuer being dissatisfied
with this judgment, brought the case by advocation
before the Supreme Court.
The subject appearing to be one of great doubt and
much importance, the case was argued at length before
the Judges of both Divisions, and thereafter the Judges
of the Second Division requested the opinions of the
Judges of the First Division and permanent Lords Or-
dinary in writing. These opinions being duly lodged,
in which three of the Judges were in favour of the pur-
suer, vii. the Lord President, and Lords Cringletie and
Eldin; and six of them, viz. Lords Gillies, Balgray,
Craigie, Meadowbank, M'Kenzie. and Medwyn, were
in favour of the defender. The Judges of the econd
Division, before whom the case depended, proceeded
this day to pronounce judgment. They were unanimous,
and decided in favour of the defender's legitimacy ; and
therefore dismissed the advocation with expenses.