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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Govan and his Attorney v Spencer Boyd. [1790] Mor 4476 (10 December 1790) URL: http://www.bailii.org/scot/cases/ScotCS/1790/Mor1104476-034.html Cite as: [1790] Mor 4476 |
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[1790] Mor 4476
Subject_1 FOREIGN.
Subject_2 DIVISION V. Effect, in Scotland, of personal Obligation executed in a Foreign country, according to the Law of the place.
Date: Archibald Govan and his Attorney
v.
Spencer Boyd
10 December 1790
Case No.No 34.
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James Boyd of Pinkell, by a deed executed in North America, obliged himself to convey the lands of Pinkell in Scotland to Carter Bruxton for a price agreed on. An action was brought in the Court of Session against Spencer Boyd the heir of James, to implement that deed.
The Lord Ordinary found, that the personal obligation to convey the lands, was obligatory upon the party and his heir, and must be actionable in Scotland.
Effect was afterwards, by the Court, refused to the deed, because it had been procured by fraud, but the principle was acknowledged, that an obligation to convey land, executed in a foreign country, agreeable to the laws of that country, ought to afford action here to force implement of the obligation.
Lord Ordinary, Ankerville. Act. W. Millar. Agent, J. Marshall. Alt. Robert Blair. Agent, A. Blane. Clerk, Home.
The electronic version of the text was provided by the Scottish Council of Law Reporting
