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Laird of Balbirnie v Laird of Arkhill and Relltrees. [1633] Mor 4446 (21 February 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1104446-011.html Cite as:
[1633] Mor 4446
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. I.
Payment.
Laird of Balbirnie v. Laird of Arkhill and Relltrees
Date: 21 February 1633 Case No. No 11.
Found as above.
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The Laird of Balbirnie, assignee constituted by Mr Robert Johnston, who is residenter in England, pursues the Laird of Arkhill and Relltrees, contained in a bond made by the defender's father to the said Mr Robert, after the English form. It was alleged for the defenders, That they offered them to prove, that the said bond was paid to the cedent in England. It was replied, That it must be proven by writ. To which it was duplied, Seeing the bond was made in England betwixt persons making at the time residence in England, the payment may be proven by witnesess according to the law and custom in England. Which duply the Lords sustained, the defender proving the custom.
