Action to affect heritable subjects belonging to an Englishman situated in Scotland, may be prosecuted in Scotland.
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In an action of improbation pursued by James Lamb against Letitia Heath, who was an Englishwoman born, and ever remaining in London, for improving of her right of a tenement of land in Edinburgh, whereto she claimed right by comprising and sasine; the Lords sustained this process against her, albeit she was a stranger born and bred, and dwelling ever in England, because the the subject of the action was for land within Scotland, whereto she claimed right, which could not be decided but by the Judges in Scots causes, and so ratione rei found that she was subject to the jurisdiction of this realm. The action here was real, but if it had been personal, they had not been Judges competent.
Act. Nicolson & Lawtie.Alt. Hope & Mowat.Clerk, Scot.
Durie, p. 120.*** Haddington reports the same case:
James Lamb pursued an action of reduction and improbation of certain bonds whereupon his lands in Edinburgh were comprised, and against the said comprisings, and called also Letitia Heath, Englishwoman, upon threescore days warning. It was excepted, That no process could be granted against her; because, being ane stranger born in England, and dwelling there from her birth, she was not a subject of Scotland, nor subject to the jurisdiction of any Judge within the same. It was answered, That she having right to land within the kingdom, which was sought to be impugned by a subject, the cause behoved to be decided within the kingdom, and could not be judged by the law of any other kingdom; which reply the Lords sustained.
