| King and Scot v. MacIntyre |
1776
|
Intrinsic and Extrinsic, Qualified Oath |
In 1774, John MacIntyre made a verbal agreement with David Scot and John King to rent a house belonging to them. A few days after this agreement, MacIntyre found the house inadequate for his needs and gave it back. Several months later Scot and King brought action against MacIntyre before the Magistrates of Glasgow for a half-year's rent. Because MacIntyre had acknowledged the facts of the set in his defense, the bailies found the libel against him relevant. MacIntyre brought an advocation before Lord Elliock, who ruled against him. He then petitioned the Court for review, arguing, first, that there had been no written obligation, merely a verbal one. Furthermore, he argued that his defense of the libel was intrinsic to his admission of the fact of the set, and the two could not be separated. The pursuers on the other hand, argued that MacIntyre's assertion of having given up the house was merely extrinsic to his acknowledgment of the libel. The Court assoilzied (absolved) the defender, and Scot and King brought a petition requesting an alteration of the Court's interlocutor. Handwritten marginalia notes that the Court likely adhered. |
