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Scottish Court of Session Decisions >>
Robert Burnet v Stephen Burntfield. [1683] 3 Brn 460 (8 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030460-0691.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 8 March 1683
Robert Burnet v. Stephen Burntfield
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Robert Burnet, writer and commissary of Peebles, his charge against Stephen Burntfield being reported; the Lords ordained this point to be heard in presence,—If Stephen could be forced to confirm here money that was owing to a defunct Scotsman in England.
Alleged,—He should; because it was the interest and advantage of the defunct's creditors how much were here confirmed in Scotland, it making the larger subject liable to their payment. Answered,—The Commissary's ju risdiction did not extend beyond Scotland; and what locally lay in England, the Englishmen, ere they would pay it, would have it confirmed in their Prerogative Court: and there cannot be an instance given of any money lying in England, that ever was confirmed by a Scots Commissary. Yet we say mobilia sequuntur personam where he dwells; but Sir George Lockhart said, our law could not force money abroad to be confirmed here.
