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Scottish Court of Session Decisions >>
James Thomson v Elizabeth Wright. [1767] Mor 13915 (27 June 1767)
URL: http://www.bailii.org/scot/cases/ScotCS/1767/Mor3213915-010.html Cite as:
[1767] Mor 13915
Seduction. - Adultery. - Breach of promise of Marriage.
James Thomson v. Elizabeth Wright
Date: 27 June 1767 Case No. No 10.
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In a process brought at the instance of James Thomson against Elizabeth Wright, for breach of promise of marriage, and for damages thence arising; the defences pleaded for her, and offered to be proved, were three; 1mo, The pursuer had passed for a man of substance, whereas he was bankrupt; 2do, He was a spendthrift, a drunkard, debauched, and excommunicated; 3tio, He was impotent from being castrated.
The Sheriff repelled the defence founded on Thomson's irregularity, but allowed a proof of the bankruptcy and castration.
Wright having applied by bill of advocation against the Sheriff's interlocutor, the Lord Ordinary refused the bill, but remitted to the Sheriff, with instruction to allow her a proof of all the facts set forth in her defences; to which interlocutor, on a reclaiming bill and answers, the Lords adhered, limiting the proof of character to three years.
Act. Charles Brown.Alt. M'Laurin.
Fac. Col. No 64. p. 110.
