Scottish Court of Session Decisions

Subject_1 FOREIGN.
Subject_2 DIVISION V.

Effect, in Scotland, of personal Obligation executed in a Foreign country, according to the Law of the place.

Earl of Dalkeith
v.
Book

1729. February.
Case No. No 25.

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A disposition of an heritable jurisdiction in Scotland, made in England after the English form, was not sustained even against the granter, to oblige him to grant a more formal disposition; though it was pleaded, that such a disposition must at least have the force of an obligation good against the granter and his heirs, though it would not avail in a competition with a more formal right; and, if such a disposition would produce action in England against the granter, to renew a more formal right, it might be also a good ground of action in Scotland, seeing obligations of whatever nature, executed secundum consuetudinem loci, are effectual in Scotland. See Appendix.

Fol. Dic. v. 1. p. 319.