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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Milton v Ld Milton. [1667] Mor 12636 (25 February 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3012636-538.html
Cite as: [1667] Mor 12636

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[1667] Mor 12636      
Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. I.

Bastardy. - Adultery.

Lady Milton
 v.
Ld Milton

Date: 25 February 1667
Case No. No 538.

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Adultery was found proved, though not any two of the witnesses concurred in the same individual act; for in such crimes which allow of reiteration of acts, all proceeding from the same animus, like so many links of a chain, the semiplena probatio of every one fortifies the whole, and makes it equivalent to the full proof of two concurring witnesses to one specific act; which must hold, especially where the pursuit is not capital, but, as in adultery, to annul the marriage only, or restore the jointure.

 Fol. Dic. v. 2. p. 262. Stair.

*** This case is No 215. p. 12101. voce Process.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3012636-538.html