Sinclair v. Rankin [1921] ScotLR 624 (19 July 1921)

Sinclair v. Rankin [1921] ScotLR 624 (19 July 1921)

The Court held that the pursuer had proved, on the balance of probabilities, that the defender was the father of her child, based on evidence of menstruation between the two acts of intercourse, corroborated by her mother, and the defender's admissions of sexual familiarity. The possibility of pregnancy from the first man was not excluded, but the evidence pointed more strongly to the defender as the father.

Citation
[1921] ScotLR 624
Parties
Pursuer: Lily Sinclair; Defender: James Ewing Rankin
Jurisdiction
Scotland
Judgment Date
19 July 1921
Procedural Posture
Action of Affiliation and Aliment / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
Appeal allowed; decree granted in favor of pursuer
Legal Topics
Parent and Child, Illegitimate Child, Filiation, Paternity, Aliment
Family Law Parent and Child Illegitimate Child Filiation Paternity Aliment

Case Brief

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Parties

Lily Sinclair

Pursuer

James Ewing Rankin

Defender

Procedural Posture

Action of Affiliation and Aliment / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the pursuer has proved the paternity of her illegitimate child against the defender despite admitted intercourse with another man around the time of conception
  2. 2 Whether evidence of menstruation between two acts of intercourse excludes the possibility of pregnancy from the first man

Ratio Decidendi

The Court held that the pursuer had proved, on the balance of probabilities, that the defender was the father of her child, based on evidence of menstruation between the two acts of intercourse, corroborated by her mother, and the defender's admissions of sexual familiarity. The possibility of pregnancy from the first man was not excluded, but the evidence pointed more strongly to the defender as the father.

Court Disposition

Appeal allowed; decree granted in favor of pursuer

Orders

  • The interlocutor of the Sheriff is recalled
  • Decree granted establishing paternity and aliment against the defender