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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kerr of Crummock v Skedden of Marshalland. [1737] 2 Elchies 341 (2 November 1737)
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Cite as: [1737] 2 Elchies 341
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[1737] 2 Elchies 341
Subject_1 LOCUS PŒNITENTIĆ
Date: Kerr of Crummock
v.
Skedden of Marshalland
2 November 1737
Case No.No. 3.
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Decreet-Arbitral betwixt two parties having mutual claims determining them all, and L.5 sterling to be paid by one party being passed from by the parties verbally, the question was, whether there was locus pænitentiæ, since it was not passed from by writing. On the one hand, as to the L.5 sterling, it was pactum liberatorium. But then on the other hand, the setting aside the decreet-arbitral was rearing up all the former claims hinc inde; and sopiting of pleas was favourable. The Lords found that it could not be passed from verbally.
The electronic version of the text was provided by the Scottish Council of Law Reporting