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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kerr of Crummock v Skedden. [1737] 1 Elchies 251 (2 November 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010251-001.html Cite as: [1737] 1 Elchies 251 |
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[1737] 1 Elchies 251
Subject_1 LOCUS PŒNITENTIĆ.
Kerr of Crummock
v.
Skedden
1737 ,Nov. 2 .
Case No.No. 1.
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A Deceeet-Abbiteal being pronounced between these parties determining former difficulties, and decerning L.5 sterling to be paid, which was said to be passed from verbally
on payment of some small expenses; the question was, Whether it could be passed from without writ, or if there was locus pornitentia? Ratio dubitandi, that this was pactum liberato-rium. The Ordinary found it could not be passed from verbally, and we adhered. I thought, that were there no more in it than passing from the L.5 decerned, it might be passed from, but then such verbal paction could not rear up the fornter claim. Arniston doubted of that, but was for adhering, for sopiting pleas, and that de imnimu non curat prator.
The electronic version of the text was provided by the Scottish Council of Law Reporting