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M'Kenzie and Wylie v Trotter. [1729] Mor 8437 (18 November 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2008437-040.html Cite as:
[1729] Mor 8437
Subject_1 LOCUS POENITENTIAE. Subject_2 SECT. III.
What writing sufficient to bar Locus Pćnitentić. - Ubi res not est integra. - Rei interventus. - Oath. - An informal writing does not bar Locus Pćnitentić. - Promise to ratify an informal writing bars Locus Pćnitentić.
M'Kenzie and Wylie v. Trotter
Date: 18 November 1729 Case No. No 40.
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A possessor being pursued to remove from a house of which he had got a verbal tack from the pursuer, to last for nine years, locus pænitentiæ was found competent to the pursuer, though the defender pleaded, that res non erat Integra, in that the house being designed for a meeting-house, he had altered the partitions, and reared up pews to a considerable expense; but consideration of the expenses laid out on faith of the verbal agreement was reserved.—See Appendix.
