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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lamington v James Oswald. [1688] Mor 6224 (28 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor1506224-031.html
Cite as: [1688] Mor 6224

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[1688] Mor 6224      

Subject_1 HYPOTHEC.
Subject_2 SECT. IV.

Process against Sub-Tacksmen and Intromitters, with Subjects hypothecated. - What if caution or payment has been offered by the Intromitters, or if sufficiency has been left to answer the rent.

Lamington
v.
James Oswald

Date: 28 July 1688
Case No. No 31.

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Found, that the receiver of thirty-eight bolls of corn, of a crop nineteen years before, from a tenant, was liable to the master jure hypothecæ, for the rent of that former year, if not exceeding the value of the bolls received, unless it were made appear, that corns and goods were then left upon the ground sufficient to satisfy that year's rent. But there was some speciality in the case, and other reasons concurred.

Harcarse, (Hypothecation.) No 704. p. 145.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor1506224-031.html