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Scottish Court of Session Decisions >>
Maitland v Neilson. [1779] Mor 8459 (29 July 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Mor2008459-050.html Cite as:
[1779] Mor 8459
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.
Maitland v. Neilson
Date: 29 July 1779 Case No. No 50.
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Neilson, by a missive not holograph, became bound to enter into a tack with Maitland, containing all the usual clauses, and a counter missive agreeing to that proposal was signed by Maitland, though not holograph of him. A scroll of the lease was made out, but they differed on some articles, and Maitland did not obtain possession. In a pursuit against Neilson by Maitland to implement and assign the tack, the Lords held the missive not probative, though Maitland acknowledged the subscription, and found, that as it was covenanted there should be a tack in writing, there was still locus paenitentiæ. See Appendix.
