Forum competens with regard to Executors, Factors appointed by the Lords, &c.
Elisabeth Dryden v. Elliot of Dunlabyres, and Andrew Ainsley
1684.
March. Case No. No 53.
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An Englishwoman, who was administratrix in law to her husband in England, pursuing for a debt resting to herself in Scotland; the defender alleged, compensation upon a debt owing to him by the pursuer's husband, for which she is liable as administratrix.
Answered for the pursuer; By the law of England administrators are not liable to foreign debts. 2do, The pursuer cannot be liable as administratrix in England for debts due in Scotland, seeing she is not confirmed executrix as to any sums owing there to her husband; and as administratrix of his English debts, can only be pursued in England, where he, who was an Englishman, died.
The Lords sustained the second answer made for the pursuer.
Fol. Dic. v. 1. p. 330. Harcarse, (Executry.) No 460. p. 126.
