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Scottish Court of Session Decisions >>
Archbishop of Glasgow v Stephen Bruntsfield. [1683] Mor 4449 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1104449-016.html Cite as:
[1683] Mor 4449
Transactions in a Foreign Country, will be judged of, as to Proof and Effect, by the Law of the Place, so far as founded in the jus gentium, not where merely statutable.
Subject_3 SECT. III.
Intromission.
Archbishop of Glasgow v. Stephen Bruntsfield
1683.
March. Case No. No 16.
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Intromission with goods in England, or foreign places, belonging to a Scotsman, who died in Scotland, without confirmation here, made no passive title, but only found to be a ground to make the intromitter liable in valorem, if not exhausted aliunde.
Found that executors in Scotland need not confirm debts in England, or foreign parts, due to the defunct, seeing confirmation here would give them no title to such goods; albeit it was alleged, that mobilia sequuntur personam, and executors find caution, which would be of advantage to creditors.
Fol. Dic. v. 1. p. 318. Harcarse, (Aire.) No 41. p. 9. (Executry.) No 453. p. 124.
