1794–1798
WitnessAlimentAdulteryDivorceMala FidesDefamationJames Bell, Sheriff-Clerk of Berwickshire, pursued an action of divorce against his spouse Isobel King, alleging she had committed adultery with their lodger Thomas Purves. King denied the charge and sought to lead evidence from Purves himself and from her own mother and siblings, while Bell objected that Scots law rendered both the alleged adulterer and near relations incompetent witnesses for the defender. The litigation involved petitions to alter interlocutors, competing memorials on witness competency, and Bell’s answers to King’s bill of advocation regarding the separation and adultery allegations.AI-generated
Documents in this case (11)
- Petition — Isobel King against Lord Henderland's Interlocutor [2]Petition of Isobel King asking the Court to alter Lord Henderland's interlocutor
- EUL0014 unsorted seg064Memorial of Mrs. Isobel King, spouse of Mr. James Bell, arguing that Thomas Purves is admissible as a witness despite objection by the pursuer
- James Bell v. Isobel King — Memorial, 28 Feb 1795Memorial of the memorialist, arguing that the adulterer Thomas Purves is incompetent as a witness for the defender in an action of divorce
- James Bell v. Isobel King — Proof, 25 Feb 1796 [2]Divorce case: pursuer alleges defender’s adultery with lodger Thomas Purves; defender’s family and witnesses deny it, citing no observed indecency and Purves’s dismissal over misconduct; testimony hinges on witness cred…
- Mrs Isobel King v. Mr James Bell — Memorial, 13 Oct 1796James Bell, Sheriff-Clerk, argues mother, brothers, and sisters of an accused woman cannot testify for her, as Scots law forbids near-relations from bearing witness for each other.
- James Bell v. Isobel King — Memorial, 15 Dec 1796James Bell, Sheriff-Clerk, argues mother, brothers, and sisters of an accused woman cannot testify for her, as Scots law forbids near-relations from bearing witness for each other.
- James Bell v. Isobel King — AnswersAnswers by Mr James Bell, Sheriff-clerk of Berwickshire, to the bill of advocation for Mrs Isobel King, responding to her arguments concerning separation and adultery.
People & places in this case
People involved
- Dougal Campbell, of Edderline — Party
- Sir Alexander Purves, of Purves Hall, 5th Baronet of Nova Scotia — Party
- Mr. Haldane, of Gleneagles — Party
- John Hagart, of Cairnmuir and Glendelvine — Advocate for Party
- Sir George Stewart, of Grandtully, Bart. — Advocate for Party
- William Sprott — Advocate for Party
- John Swinton, Lord Swinton — Lord Ordinary
- William Craig, Lord Craig — Lord Ordinary
- Andrew Fletcher, Lord Milton — Lord Ordinary
- Allan Maconochie, Lord Meadowbank — Lord Ordinary
- Alexander Murray, Lord Henderland — Lord Ordinary
- Sir James Fergusson, of Kilkerran, Lord Kilkerran — Lord Ordinary
- Margaret Johnston — Named in case documents
