Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent the Master's hypothec

Date: 22 February 1671

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Talking of the privilege of hypothec the master of ground has in his tenant's corns and other goods ay and while he be paid of his rent. Sir George Lockhart thought it altogether exorbitant and dissentaneous to natural equity, to extend this privilege so far as the master shall have repetition against a poinder arrester, or one who hath bona fide without fraud or guile bought the corns or goods in public market, the master having done no diligence himself; for if so, then there should be no free commerce nor traffic in moveables, which were very inconvenient. See Papon, Lib. 10, Tit. 3,de Louage arresto 4to. Vide D. 29th March, 1639, Hay against Elliot, and the cases there; item, 15th January, 1625, Stewart; infra, November, 1673, Numero 427.

Advocates' MS. No. 146, folio 91.