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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mary Morris v Robert Wright. [1781] Hailes 963 (19 January 1781) URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020963-0631.html Cite as: [1781] Hailes 963 |
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[1781] Hailes 963
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 FOREIGN.
Subject_3 Succession of moveables governed by the law of the place in which they were situated at the death of the proprietor.
Date: Mary Morris
v.
Robert Wright
19 January 1781 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 304; Dict. 4616.]
President. In the case, Duncan at Rotterdam, 1738, the great lawyers exploded
the doctrine that mobilia non habent sequelam. So in the cases of Lord Daer, and the Heirs of Lord Banff, and afterwards in the cases of Davidson against Elcherston, and Henderson. Let the judgments on this point be altered elsewhere; I cannot help it. But God forbid that the Court should vary from what is fixed in our law. The case of Brown of Braid was a single judgment, on a single overly report to a thin bench, and there was no reclaiming petition. The lawyers of that time were satisfied of the decision being erroneous. On the 19th January 1785, “The Lords sustained the defences, reserving claims for terce.”
Act. Ilay Campbell. Alt. A. Wight. Reporter, Hailes.
The electronic version of the text was provided by the Scottish Council of Law Reporting