Countess of Strathmore v George Forbes, Sometime Factor and Steward To The Said Countess, and Susan-Janet-Emilia Forbes, An Infant, Lawful Daughter of The Said George Forbes, By The Said Countess, His Wife: HL 20 Mar 1751

Marriage – Cohabitation – Proof. –
A declarator of marriage and legitimation was brought by the respondent, Forbes, founding upon marriage celebrated and performed in Scotland, by some clergyman unknown; and founding, also, on cohabitation in Scotland, and also cohabitation as man and wife in Holland. Held him entitled to a proof of the marriage, and also of the cohabitation as man and wife in Scotland, but not of the cohabitation in Holland. On advocation of this judgment of the Commissaries, the Court remitted to them to allow a proof of the marriage in Scotland, and of the cohabitation in Holland, as an incident of that marriage. On appeal to the House of Lords, appeal withdrawn, of consent, and interlocutors affirmed.

[1751] UKHL 6 – Paton – 684


Updated: 22 November 2021; Ref: scu.558203