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Scottish Court of Session Decisions >>
Maurice Trent and James Brown v William Duff. [1692] 4 Brn 2 (11 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040002-0004.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Maurice Trent and James Brown v. William Duff
Date: 11 November 1692
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Maurice Trent and James Brown against William Duff in Inverness, for a sum contained in a bond due to one Colonel Man.
Alleged,—He had paid it to Man's daughter, as administrator to him, on her discharge.
Answered,—An English probate of wills was not a sufficient title to uplift sums lying in Scotland, without a confirmation here, as had been often decided in Dury; for both mobilia et immobilia sequuntur legem istius loci ubi sunt; and here Man had more daughters, and only one discharged, who by the English custom neither found caution, nor gave up inventories.
Replied,—If the subject were extant, and a competition between an English administrator and one confirmed in Scotland, our confirmation would be preferable, which was the case of the decisions cited; but there being nothing now to confirm, it was unreasonable to put them to that expense.
The Lords assoilyied Duff; but in regard the payment was after the intimation of the right made to James Brown, they modified L.4 Sterling to be paid to him for his expenses in this process.
