Scottish Court of Session Decisions

This was a petition presented by James Russell, and his mandatory Mr J. L. Lang, Writer, Glasgow. The petitioner is now in America, and he asked that the custody of his child, who has for some time back been living in family in Glasgow with the respondents—Mary and Annie Hill—should be given over to his sister, Mrs Elizabeth Russell or Morrison, who is also living in Glasgow. He stated that he left his child with his sister on his departure for America, and that he believed her to be perfectly qualified to undertake the child's guardianship, but that shortly after his departure the respondents took the child from his sister, on a false representation that they were authorised by him to do so. The Misses Hill, who were sisters of the petitioner's deceased wife, stated in answer that an arrangement was made in the hearing of the petitioner, before he went to America, that they should undertake the guardianship of their sister's child, and that they had accordingly kept and clothed it since his departure. For this expenditure no arrangement was made as to remuneration. They had become much attached to the child, and they alleged that the present petition was the result of ill-will which the petitioner conceived to the defenders from other circumstances, and not of a desire for the good or welfare of the child. In any circumstances, they urged that they were entitled to be repaid or have sufficient security for the repayment of the sums disbursed by them before delivering up the child.

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