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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Broomley v Sir Alexander Frazer's Relict, Her Mother-in-law. [1682] Mor 4817 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1204817-030.html
Cite as: [1682] Mor 4817

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[1682] Mor 4817      

Subject_1 FORUM COMPETENS.
Subject_2 DIVISION IV.

Forum competens ratione rei sitæ et contractus.

Mrs Broomley
v.
Sir Alexander Frazer's Relict, Her Mother-in-law

1682. February.
Case No. No 30.

Click here to view a pdf copy of this documet : PDF Copy

In an exhibition at the instance of Mrs Broomley, against the relict of Sir Alexander Frazer, of all deeds made by him wherein any clause was conceived in favours of the pursuer,

Alleged for the defender; That she not being a Scotswoman, but living in England animo remanendi, was not liable to answer any pursuit here, having only a personal conclusion against her.

Answered; The defender is liable to the Scots jurisdiction, in respect she has a jointure in Scotland, against which there might be execution for damage and interest, in case she did not exhibit.

The Lords considering this was a new case, delayed to determine it; but they inclined to assoilzie the defender.

Harcarse, (Exhibition.) No 481. p. 131.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1204817-030.html