The Lords of Session have decided by ten votes to
two that Campbell of Glenfalloch, the present possessor, has a better title to the earldom and estates of Breadalbane, e., to Taymouth Castle and Scotland from thence to Oban, than Campbell of Borland. The pith of the case may be stated in few words. Nobody disputes the pedigrees, and if Glenfalloch's grandfather was married he is Earl of Breadalbane, if not, then Borland is. This grandfather never was married by ceremonial, but Mrs. Campbell lived with him for thirty years as his wife, and the husband's acknowledg- ment in Scotland makes a marriage. But when Mrs. Campbell first joined the grandfather in 1781 she was Eliza Blanchard Lud- low, wife of Christopher Ludlow, grocer, of Chipping Sudbury, then living. He did not die till 1784, and the question is whether an intercourse commencing in adultery can, without subsequent ceremonial, constitute a valid marriage. Ten Scotch judges hold that it can, only two opposing, but we suspect the majority will be smaller when the case has been appealed to the Law Lords. If not, a severe blow will have been struck at matrimonial morals, the adulteress being made sure that her paramour will marry her, instead of only sure that he can. Was there no law at the time prohibiting such marriages ?
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