Subject_1 FORUM COMPETENS. Subject_2 DIVISION VII.
Testament within what District it must be Confirmed.
Kincaid v. Anderson of Dowhill
Date: 22 December 1692 Case No. No 62.
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The Lords found the confirmed testament by the Commissary of Glasgow, a sufficient warrant and security whereon Dowhill might pay; though the defunct did retire, about a fortnight or twenty days before his death, into the bounds of the commissariot of Campsie or Hamilton; and Dowhill contended the confirmation ought to be made there; and that any hereafter confirming there, will be preferred to Kincaid, as having right a non suo judice; for the Lords considered his domicil as still at Glasgow, and that twenty days did not translate or give him focum et larem elsewhere; though he had no family, and by removing himself out of Glasgow, he could say with Bias the philosopher, omnia mea mecum porto.
Fol. Dic. v. 1. p. 331. Fountainhall, v. 1. p. 536.
