Effects locally situated in Scotland must be under the direction of the Scots law; and conveyances of such effects must be in the Scots form.
Subject_3 SECT. IV.
Assignations not in the Scots Form.
Sinclair v. Murray
Date: 16 July 1636 Case No. No 52.
An assignation made in England, of effects in Scotland, and granted by one Scotsman to another, was sustained, though the writer was not designed, being formal by the lex loci.
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An assignation being made by Murray, one of the King's butrymen in England, to another Murray, in and to some bonds and debts owing to him by his debtors, which, after his decease, were used for the ground and title of a pursuit made by the assignee, which being quarrelled by the defender, viz. the person who would have been heir to the cedent, that it was null, because it designed not the writer of the body of the assignation; and it being answered, That it was written in England, and so was sufficient, although wanting that solemnity, which could not extend to a writ done without the kingdom, where the law was made.—And it being duplied, That this assignation being made by one Scotsman to another, and of debts in Scotland, it ought to be ruled by the Scots law; the Lords repelled the allegeance, and sustained the assignation, being made in England, where they found that there was no necessity that the writ should design the writer; neither yet would the party offer to design his name, the cedent being dead, and it being written by an Englishman, who might be unknown to the assignee; neither was it respected that the parties were Scotsmen and of a Scottish subject, being done out of the country, and by the cedent, who was then an actual residenter in England, and servant to the King.
Act. Gibson.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 321. Durie, p. 817.
