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Scottish Court of Session Decisions >>
James Veitch v Thomas Irving. [1700] 4 Brn 495 (25 July 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040495-0944.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
James Veitch v. Thomas Irving
Date: 25 July 1700
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George Johnston, merchant in Dumfries, being debtor to James Veitch and Thomas Irving, and having a cargo of tobacco brought in to the port of Whitehaven in England, though designed for Dumfries, yet behoved first to touch and enter there, because come from the English Plantations; and Johnston deceasing shortly after, Veitch gets himself named administrator by the official of the County Palatine of Chester, and Irving confirms himself executor-creditor in Scotland; and they competing, Veitch Contended,—The goods being in England, and he having first obtained his letters of administration, and by virtue thereof disposed of the goods, sibi vigila bat; and they cannot repeat from him.
Answered,—Mobilia sequuntur personam; and Johnston having lived and died in Scotland, they must be confirmed there, and his succession must be regulated conform to our laws; especially seeing the goods were not brought in there with a design to unload, but only morœ causâ to stop seizure; and it were hard to put Johnston's creditors to go to the Prerogative Court of York to debate their interests with Veitch.
The Lords appointed trial to be taken, before answer, whether the ship touched there with a design to unload, or only to satisfy the English laws of navigation to their plantations; and if the said Veitch intromitted before his administration or after; and whether Irving has been in mora.
