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Scottish Court of Session Decisions >>
David Erskine v David Ramsay. [1664] Mor 4502 (15 December 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor1104502-053.html Cite as:
[1664] Mor 4502
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.
David Erskine v. David Ramsay
Date: 15 December 1664 Case No. No 53.
An assignation made in England, by one Scotsman to another, of a bond due in Scotland, was sustained, though it was subscribed by one notary only, being formal by the lex loci.
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David Erskine of Dun, assignee constitute by Elizabeth Erskine and Cecil Ritchie, heirs-portioners to umquhile James Abercromby, to a bond granted by umquhile —— Ramsay of Ballinbrock, pursues David Ramsay, as representing his father, for payment.—It was alleged no process upon the assignation, the same not being valid according to law, it being an assignation to 1000 merks, and subscribed by one notary only.—To which it was replied, That the cedent living in Queensbridge, and born there, the assignation was subscribed according to the custom of that place, by one notary, which custom the pursuer offered him to prove.——The Lords, in regard the cedents were out of the country, found that the assignee should either produce a procuratory from the cedents, or prove the custom of Queensbridge to be such, or that the assignee should find caution de rato.
