Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. X.

Citation in Declaration of Bastardy.

Somervel
v.
Stayns

Date: 11 December 1679
Case No. No 43.

In a declarator of bastardy, a general citation at the market-cross of all parties having interest is sufficient, unless particular persons be named who would succeed, if the defunct were not proven bastard. These in that case must be cited cum processu.

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James Somervel having obtained a gift of bastardy of Janet Stayns, pursues a declarator thereof against William Stayns and Robert Handiside intromitters with the bastard's goods, libelling. That the defunct was repute bastard, during her life. The defender alleged no process, because the summons bears not the names of the father and mother of the alleged bastard. 2do, The lawful contradictor is not called, viz. That person who would be heir to the defunct, if she were not bastard. The pursuer answered, That he doth now condescend upon the father and mother; and that he had cited all parties having interest at the market-cross; and bastards have no agnates on the father's side; and their cognates on the mother's side cannot succeed.

The Lords sustained the declarator with the condescendence, and found that the general citation was sufficient, unless particular persons were named who would succeed, if the defunct were not proven bastard; and in case such were named, ordained the summons to be continued against these persons, and they cited thereupon.

Fol. Dic. v. 1. p. 135. Stair, v. 2. p. 720.