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Scottish Court of Session Decisions >>
Falconer v Heirs of Beatie. [1627] Mor 4501 (11 December 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1104501-051.html Cite as:
[1627] Mor 4501
Effects locally situated in Scotland must be under the direction of the Scots law; and conveyances of such effects must be in the Scots form.
Subject_3 SECT. IV.
Assignations not in the Scots Form.
Falconer v. Heirs of Beatie
Date: 11 December 1627 Case No. No 51.
Assignation made in a foreign country, of a bond due by a debtor in Scotland, was sustained, though wanting witnesses, being according to the form of the country.
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In a registration pursued by John Falconer as assignee by progress, made by Andrew Wilson Scotsman, resident with his wife and family in Germany, to a bond of 1000 merks, owing to him by Robert Beatie burgess in Montrose, against the heirs of the said Robert Beatie, it being alleged, That the first assignation made by Wilson, which was made in Germany, where the said Wilson dwelt, was null, because it wanted witnesses insert therein, and so could not produce action by the law of this realm; which allegeance was repelled, and process sustained thereupon, the pursuer either proving that it was the custom in that part of Germany where the assignation was made, that such writs are sustained without witnesses, or else finding caution to warrant the defender at the cedent's hands, any of the which two being done, the Lords would sustain the assignation, albeit made betwixt two Scotsmen, and albeit pursued in Scotland, and disconform to the Scots law. See 12th December 1627, and 15th January 1628, inter eosdem; voce Heritable and Moveable.
Act. Falconer.Alt. Mowat.Clerk, Scot.
Fol. Dic. v. 1. p. 321. Durie, p. 319.
