Scottish Court of Session Decisions

Subject_1 LOCUS POENITENTIAE.
Subject_2 SECT. V.

Where Writ is not necessary. - Where a Bargain is agreed to be perfected in writing. - Locus pænitentiæ after Writ is interposed. - Where the Right to be granted is disputable. - Verbal Bargain for a Lease

Corsburn
v.
Pollock

1682. November.
Case No. No 65.

Click here to view a pdf copy of this documet : PDF Copy

Pollock, Maxwell, and Corsburn having verbally agreed to take a tack of some rents belonging to the Duchess of Lennox, and that Pollock should go to London for procuring thereof, who having gone and taken the tack wholly to himself, Corsburn raised a process for the half of the tack-duty; for that he was diverted by the said agreement from prosecuting the designs he had of getting the tack to himself.

Alleged for the defender, That there was locus pænitentiæ, no writ having intervened.

Answered, Res was not integra, seeing the pursuer could not now procure the tack for himself, which at first he stood as fair for as Pollock.

The Lords found there was no locus pænitentiæ, and ordained the defender to depone anent the terms of the agreement. The like was found formerly in a cause between Mr John Campbell and Dr Moore, No 30. p. 8421. See Fraud.

Harcarse, (Locus Poenitentiæ.) No 674. p. 191.