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Scottish Court of Session Decisions >>
Earl of Kinghorn v Hay. [1674] Mor 8414 (23 July 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor2008414-027.html Cite as:
[1674] Mor 8414
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.
Earl of Kinghorn v. Hay
Date: 23 July 1674 Case No. No 27.
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The Earl of Kinghorn having apprised Dronlaw's lands, obtained decreet of mails and duties. Dronlaw raised suspension on this reason, That by transaction and agreement betwixt the Earl and him, the Earl had bought his lands at seventeen years purchase, and was to be satisfied of the apprising by a part of the price. It was answered, That there being nothing reduced in writ, est locus pænitentiæ, and the Earl doth resile. It was replied, That such verbal agreements may be resiled from ubi res est integra; but here it is not; for it being a part of the bargain, that Mr Robert should purchase the right of his superiority, that the Earl might hold the lands of the King, he had done it, and paid 6000 merks therefor; likeas the Earl was infeft upon his superior's resignation. It was duplied, That the Earl offered to repone and to make new resignation.
The Lords found, That the matter was not intire, and that the Earl could not resile.
