Scottish Court of Session Decisions

Subject_1 FORUM COMPETENS.
Subject_2 DIVISION IV.

Forum competens ratione rei sitæ et contractus.

Col Brog's Heir
v.
—

Date: 23 March 1639
Case No. No 28.

Found (the reverse of Blantyre against Forsyth, No 24. p. 4813.) that a Scotsman residing in Holland animo remanendi, may not be prosecuted here.

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One being served and retoured heir to umquhile Colonel Brogs, who died in the Low Countries, and served there at the wars where he died, this Heir pursuing another Scotsman for delivery of the said Colonel's heirship goods, libelled to have been intromitted with by the defender in Holland, where the goods were then, the Lords found, seeing the defunct lived and died in Holland, and that the goods were alleged to have been in Holland when the defunct died, and where they were intromitted with by the defender, as was libelled; and, that the defender was an actual residenter in Holland, where he was alleged to have intromitted with the same, and did reside there these many years of before, and ever sinsyne, and as yet he being there married, and an actual dweller there animo remanendi, albeit he was a Scotsman; that no process ought to be granted against him in this country for the said intromission, but that he ought to be pursued therefor in Holland, quia actor debet sequi forum rei; neither was it respected that the pursuer declared, that he insisted in this pursuit against the defender, being a Scotsman, that he may have execution against such of the defender's goods and estate as he had within Scotland, for satisfying of the heirship, as he should recover by this sentence, which the Lords would not allow.

Fol. Dic. v. 1. p. 327. Durie, p. 885.