BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just ÂŁ5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
M'Kenzie and Wylie v Trotter. [1729] Mor 8437 (18 November 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2008437-040.html Cite as:
[1729] Mor 8437
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.
M'Kenzie and Wylie v. Trotter
Date: 18 November 1729 Case No. No 40.
Click here to view a pdf copy of this documet : PDF Copy
A possessor being pursued to remove from a house of which he had got a verbal tack from the pursuer, to last for nine years, locus pænitentiæ was found competent to the pursuer, though the defender pleaded, that res non erat Integra, in that the house being designed for a meeting-house, he had altered the partitions, and reared up pews to a considerable expense; but consideration of the expenses laid out on faith of the verbal agreement was reserved.—See Appendix.
