Filiation – Proof – Onus Probandi.-
Circumstances in which held, that children born in France, of a certain marriage, were the lawful children begotten of that marriage-and that the appellant, having acquired his status as such-and having been served and retoured the lawful son and heir of the parties, that he was entitled to be protected in that status until the contrary was proved; Ques. Whether the onus probandi of proving the reverse, lay on those who impugned his birth.
[1769] UKHL 2 – Paton – 143
Bailii
Scotland
Children
Updated: 13 January 2022; Ref: scu.561655