OF THE

COURT OF SESSION.

From JANUARY 1778 to DECEMBER 1781.

COLLECTED

By Appointment of the FACULTY of ADVOCATES.

EDINBURGH:

PRINTED FOR

BELL & BRADFUTE, & E. BALFOUR.

M, DCC, XCI.

ADVERTISEMENT.

TH

HE preceding part of this volume, comprehending the Decifions of the Court of Seffion from January 1778 to the end of the summer-feffion 1779, was collected and published by the late Mr Ogilvie. The death of that gentleman prevented the immediate appearance of the Decifions pronounced in the fucceeding year, and which till now could not be prepared for publication. In the mean time, the last part of the volume was published, containing the Decisions, from the beginning of the winter-feffion 1780-1 to the end of the fummer-feffion 1781, collected by Mr Alexander Law, Mr William Steuart, Mr John Dickson, and Mr Robert Craigie, Advocates.

THE portion of the volume which follows here, being that hitherto unpublished, has been compiled (by Meff. Steuart and Craigie) under the peculiar difadvantage arifing from the lofs of the whole original materials for collection; a circumftance that is mentioned, in order to fuggeft an apology for any omiffions or inaccuracies that may appear in it.

E

Succeffion ab inteftato in moveables fituated in a foreign country. Situs of bank-notes.

WILL

LLIAM MURRAY having, in the course of business, left Scotland in 1768, and gone to Hamburgh, died there foon after, without making any fettlement. Parish, a Hamburgh mer. chant, took the cuftody of his cheft, in which effects were found to the value of L. 300, confisting in part of bank-notes.

Marion Elcherton, his mother, claimed the fucceffion to thefe effects in the court at Hamburgh, as heir by the law of that country.

The uncles and aunts of Murray confirmed qua nearest of kin to him before the Commiffaries of Edinburgh, and transferred to James Davidson their right to Murray's effects at Hamburgh.

Parish brought a multiple-poinding, in which appearance was made for both these parties. Davidson infifted for decrect against Parish to deliver over these effects to him, the fucceffion in which ought to be regulated by the laws of Scotland. Elcherfon contended, that the law of Hamburgh, where the effects were fituated, must be the rule.

Pleaded for Davidson: Imo, Murray was not at Hamburgh, animo remanendi. Confequently his domicile continued to be in Scotland, his native country. The law of the defunct's domicile regulates the fucceffion, ab inteftato, in his moveables, wherever fituated. This is founded on principles of equity. The defunct is prefumed to have known A

the