Rcstalrig.] THE NISBETS OF CRAIGANTINNIE. ?37
receiving and returning their visits as such.
After a four-days? debate, the Lords of Session
pronounced for the defender, with expenses. The
son John, as sixth baronet; but not without a
contest, as fourteen years afterwards a Mr. John
Edgar raised in the Court of Session an action
of reduction of his service, as nearest lawful heir
of the late baronet, on the plea that the latter had
never been legally married to his wife.
It was alleged that he had gone to France, and
there had formed a connection with a lady whose
social position was inferior to his own, but who
accompanied him to Britain, where she bore him
The question was, whether from the whole circumstances,
Sir John and this lady were to be
considered as married persons? In evidence it
appeared that they had never doubted that they were
so, though Sir John, in dread of his proud relations,
had sedulously kept the fact a secret while in
Scotland, where, it was alleged for the pursuer,
Sir John had ventured to pay his addresses to a
lady of rank.
On the other side there was the evidence of an
Locn END.
two sons. After selling out of the army, in 1775,
Sir John went to Carolina, to settle upon an estate
he possessed there, taking with him this lady and
his two sons, and the process stated that after
their arrival in America, in 1775, or the beginning
of 1776, Sir John and his lady were shipwrecked
and drowned. From this awful catastrophe their
two sons were preserved, having been left at school
in the Jerseys. Some time afterwards the boys
were sent over to this country, and the eldest of
them-the defender in this action-on the 15th
August, 1781, was served heir to his father. From
the time of his father and mother?s death, till
1790, when this action was raised, he had been in
the uninterrupted possession of his fatheis estates.?
114
