BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gairdner of Northtary v Brown and Colvil. [1738] Mor 8474 (20 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor2008474-069.html
Cite as: [1738] Mor 8474

[New search] [Printable PDF version] [Help]

[1738] Mor 8474      
Subject_1 LOCUS POENITENTIAE.
Subject_2 SECT. V.

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

Gairdner of Northtary
 v.
Brown and Colvil

1738. July 20.& 1739. January.
Case No. No 69.

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

A decreet-arbitral on a verbal submission, concerning an heritable subject, found not effectual, in respect of the locus pænitentiæ.

But afterwards, upon advising petition and answers, found effectual, in respect, the impugner of the decree was present thereat, and adducing witnesses.

 Fol. Dic. v. 3. p. 396. Kilkerran, (Arbitration.) No 2. p. 33.

*** Clerk Home's report of this case is No 42. p. 5659. voce Homologation.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor2008474-069.html