Scottish Court of Session Decisions

Subject_1 FORUM COMPETENS.
Subject_2 DIVISION VI.

Forum competens with regard to Executors, Factors appointed by the Lords, &c.

White
v.
Skene of that Ilk

1732. July.
Case No. No 54.

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Though regularly an English executor is not bound to account in Scotland, or any where, save in the court whence he derives his powers; yet a creditor having got letters of administration in England, and thereupon intromitted with the defunct's moveables; and thereafter pursuing the heir in Scotland; the defence was sustained, quod præsumitur intus habere, though the creditor alleged she had applied her intromissions otherwise, and was not bound to account in Scotland. For no law can justify twice payment. See Appendix.

Fol. Dic. v. 1. p. 330.