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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Crawfurd of Auchnames v The Tacksmen of Langtown. [1737] 2 Elchies 264 (18 February 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020264-006.html Cite as: [1737] 2 Elchies 264 |
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[1737] 2 Elchies 264
Subject_1 HYPOTHEC.
Date: Patrick Crawfurd of Auchnames
v.
The Tacksmen of Langtown
18 February 1737
Case No.No. 6.
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Each crop is hypothecated only for the rents of that year or crop, but not for rents of a preceding crop, though only payable the year after, (but as to the cattle, not decided;) and therefore a poinding in October 1736 of the crop then in the yard, could not be stopped upon the hypothec for the rent of the crop 1735, though it was by paction payable only at Candlemas and Lammas 1736. 2dly, The creditor having for the master's security of the rent of that crop 1736, not then fallen due, offered to the master himself a bond with sufficient caution, and also to consign bank notes to the value in the Sheriff's hands; the Lords found the offers separatim sufficient for the master's hypothec for that crop.—Affirmed in Parliament. Vide Information Turnbull of Houndwood, and Cockbum, against these Tacksmen, 25th January 1749. (See No. 7.)
The electronic version of the text was provided by the Scottish Council of Law Reporting