BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Hugh Maxwell v Lord Newton. [1682] Mor 3420 (00 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0803420-009.html Cite as:
[1682] Mor 3420
Click here to view a pdf copy of this documet : PDF Copy
Found, that by the late act of Parliament*, the degrees of affinity reached only to that of father, son, and brother; and not to nephew, brother's son, &c. seeing properly those in that degree are either consanguineans, or absolute strangers; e. g. a brother-in-law's son by my sister is not affinis, but consanguineus to me; and a brother-in-law's son by another wife than my sister, is not affinis to me, but an absolute stranger, seeing affinitatis nulla affinitas: it was pleaded, That by the said act only the affinity of socer, levir, gener, father, brother, and son-in-law, was meant, which arises by a conjunction with a consanguinean, and not the affinity of vitricus, privignus, &c. step-father, stepson, &c. But this point was not determined; and it was also debated if a Judge might be as well declined upon his wife's account, as upon his own.
Fol. Dic. v. 1. p. 230. Harcarse, (Declinators.) No 399. p. 106.
