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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Moodie v Ann Moodie [1745] 2 Elchies 342 (5 July 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies020342-007.html Cite as: [1745] 2 Elchies 342 |
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[1745] 2 Elchies 342
Subject_1 Locus Pćnitentić.
Date: Agnes Moodie
v.
Ann Moodie
5 July 1745
Case No.No. 7.
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Three heirs-portioners intending to roup their lands amongst them three, the youngest made a private bargain with the second to become purchaser, and to give her a definite price whatever they should sell for at the roup. Thereafter articles of roup were extended and signed, and the youngest became purchaser at a higher price, and then the second insisted for her full third of the price, and alleged that there was locus pænitentiæ, being a bargain concerning lands, and the articles of roup being posterior to it: But the Lords found unanimously that there was no locus pænitentiæ (See Dict, No. 42. p. 8439.)
The electronic version of the text was provided by the Scottish Council of Law Reporting