Agnes Dover, pursuer, alleged that she had made a verbal agreement with Thomas Forsyth regarding a parcel in the village of Glenluce. Under this agreement, Dover would transfer her right to the parcel in exchange for a sale price and payment of a feu duty associated with the property. According to Dover, Forsyth paid part of the sale price and began building a house on the parcel, but he became bankrupt before the house was completed; Forsyth failed to pay the balance of the price or the feu duty. Dover sued Forsyth to recover either the money Forsyth allegedly owed her or, in the alternative, possession of the parcel. In response, the factor on Forsyth’s sequestrated estate argued that Dover should be required to pay for the improvements Forsyth made to the property.

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