Where Writ is not necessary. - Where a Bargain is agreed to be perfected in writing. - Locus pćnitentić after Writ is interposed. - Where the Right to be granted is disputable. - Verbal Bargain for a Lease
Gairdner of Northtary v. Brown and Colvil
1738.
July20.&
1739.
January. Case No. No 69.
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A decreet-arbitral on a verbal submission, concerning an heritable subject, found not effectual, in respect of the locus pænitentiæ.
But afterwards, upon advising petition and answers, found effectual, in respect, the impugner of the decree was present thereat, and adducing witnesses.
Fol. Dic. v. 3. p. 396. Kilkerran, (Arbitration.) No 2. p. 33.
*** Clerk Home's report of this case is No 42. p. 5659. voce Homologation.
