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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laurie v Craik. [1697] Mor 12365 (23 December 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor2912365-155.html
Cite as: [1697] Mor 12365

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[1697] Mor 12365      

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IV.

Payment and Consignation how relevant to be proved.

Laurie
v.
Craik

Date: 23 December 1697
Case No. No 155.

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A purchaser of land by a verbal bargain, alleged he had paid the price, after which there was no locus pænitentiæ. This was found only relevant to be proved scripto vel juramento, because witnesses could not well know whether the money was paid in contemplation of the bargain, or whether the seller reserved himself freedom to resile upon repaying the money.

Fol. Dic. v. 2. p. 224. Fountainhall.

***This case is No 33. p. 8425. voce Locus Poenitentæ.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor2912365-155.html