BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Elisabeth Dryden v Elliot of Dunlabyres, and Andrew Ainsley. [1684] Mor 4844 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor1204844-053.html Cite as:
[1684] Mor 4844
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.
Click here to view a pdf copy of this documet : PDF Copy
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.
