[1769] Mor 8292
Subject_1 LIS ALIBI PENDENS.
Date: Couts and Co
v.
Callin
8 March 1769
Case No.No 5.
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An action, for payment of a debt, was brought before the Chancery Court of the Isle of Man, against a person residing there, but who afterwards resided in the kingdom of Ireland.
Having occasionally come into Scotland, the defender was compelled to find caution upon a summary warrant from the Court of Admiralty, and an action brought against him in the Court of Session for the same debt.
Against this action he pleaded the exception of lis alibi pendens; in answer to which, reference was made to various cases marked in the Dictionary under
that head; and it was urged, that the defence had always been repelled, when founded upon a suit in a foreign country. “The Lords repelled the defence, and found the action competent.”
Act. Alex. Gordon. Alt. W. Wallace.
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