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Scottish Court of Session Decisions >>
Earl of Dalkeith v Book. [1729] Mor 4464 (00 February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor1104464-025.html Cite as:
[1729] Mor 4464
Effect, in Scotland, of personal Obligation executed in a Foreign country, according to the Law of the place.
Earl of Dalkeith v. Book
1729.
February. Case No. No 25.
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A disposition of an heritable jurisdiction in Scotland, made in England after the English form, was not sustained even against the granter, to oblige him to grant a more formal disposition; though it was pleaded, that such a disposition must at least have the force of an obligation good against the granter and his heirs, though it would not avail in a competition with a more formal right; and, if such a disposition would produce action in England against the granter, to renew a more formal right, it might be also a good ground of action in Scotland, seeing obligations of whatever nature, executed secundum consuetudinem loci, are effectual in Scotland. See Appendix.
