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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Barron v Petrie. [1736] 2 Elchies 341 (16 July 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020341-002.html Cite as: [1736] 2 Elchies 341 |
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[1736] 2 Elchies 341
Subject_1 LOCUS PŒNITENTIĆ
Date: Barron
v.
Petrie
16 July 1736
Case No.No. 2.
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Petrie sold Barron a house and some land in Huntly, with absolute warrandice, when he had no right to the house, and put him in possession; and the seller having pursued for repetition of the price because Petrie could not give him a right; Petrie pursued one Strachan, who had right to the half, to perform a verbal agreement, whereby Petrie became bound to defend Strachan against a process concerning that very house, for which and a sum of money to be paid, Strachan was to make over her share of the house, which agreement, and his having defended the process, he referred to oath. The Lords found, that it being a bargain of sale of lands, and no writ adhibited, there was locus pÆnitentiæ to either party, notwithstanding the alleged rei interventus, the defending the process by Petrie a writer; and therefore assoilzied Strachan, and found Petrie liable to Barron in repetition of the price of the house.
The electronic version of the text was provided by the Scottish Council of Law Reporting