A decree given by a commissary, against an intromitter with the goods of a person who died within his jurisdiction was reduced, because the intromitter dwelt in another commissariot.
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In a reduction of a decreet, persewed be the Commissar of Glasgow, against one Kennedy, as intromitter with the goods of one ————, who dwelt and died in the diocese of Glasgow, the Lords fand the decreet null, as given a non suo judice; because, suppose the executor might have been pursued before the Commissar of Glasgow, yet, since the pursuit was against an intromitter dwelling within the diocese of Galloway, actor debebat sequi forum rei, and have pursued before the Commissar of Wigton.
Fol. Dic. v. 1. p. 327. Haddington, MS. No 2747.*** Durie reports the same case:
In an action betwixt ——— ———— the Lords found a decreet null, given against the defenders therein contained, pronounced by the Commissary of Glasgow, because it was given against them as intromitters with the defunct's gear; which intromitters dwelt not within the bounds of his jurisdiction, and of the commissariot; albeit it was answered, That the defunct died within his jurisdiction and commissariot, and that his testament was subject to be confirmed by him, and that the goods intromitted with by the defenders lay within his bounds, and were intromitted with by them there; which was repelled by the Lords, and the decreet found null, because the persons who intromitted dwelt not within his bounds.
