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.
