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Scottish Court of Session Decisions
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Agnes Wood
v.
Robert Galbrath, Buchannan, and Grahame
4 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action at Agnes Wood her instance against Robert Galbrath, Buchannan, and Grahame, for making arrested goods furthcoming; or payment of a bond, conceived [by] Scotchmen dwelling in Ireland, and whereof the payment should have been made at a certain place in Ireland;—it was excepted, That actor sequitur forum rei, et locum solutionis must make the debt payable only there. To the which it was replied, Upon the constant practick of pursuing any stranger whomsoever, for execution against the defenders' goods that could be apprehended in Scotland. Which the Lords sustained. But, in the matter of making arrested goods furthcoming, it was thought there behoved a sentence first to pass, before the execution by arrestment could have place. And this bond of the English fashion can have no decreet but by way of action, since it wants a clause of registration; and, if it were upon a dependence, the decreet behoved to be obtained before the summons to make arrested goods forthcoming could be well raised.—See Page 455.
Page 136.
The electronic version of the text was provided by the Scottish Council of Law Reporting