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Scottish Court of Session Decisions >>
Lundie v Tenant. [1543] Mor 4796 (23 June 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor1204796-015.html Cite as:
[1543] Mor 4796
Subject_1 FORUM COMPETENS. Subject_2 DIVISION. III.
Forum Delicti.
Lundie v. Tenant
Date: 23 June 1543 Case No. No 15.
Forum delicti was found sufficient to make the Judge of the place competent, though the defender did not reside within his jurisdiction.
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John Tenant askit an cause of spuilzie intentit against him be Captain Lundie before Archibald Betoune judge of the regality of St Andrews, to be advocatit before the Lords, because he had nae dwelling place there; nevertheless the said Archibald was judge competent to him in this case, because the land upon the whilk the spulzie was made was within his jurisdiction, “et ita ratione rei de qua agebatur, dictus Joannes ibi sortiebatur forum rei; et hoc per L. unicam C. ubi de possessione, et per pan. in cap. si extra. de foro compet. et ita contra dictum Joannem sententiarunt domini concilii.”
