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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tod v Montgomery of Macbiehill, Welsh,&C. [1743] 1 Elchies 196 (10 February 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010196-011.html Cite as: [1743] 1 Elchies 196 |
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[1743] 1 Elchies 196
Subject_1 HYPOTHEC.
Tod
v.
Montgomery of Macbiehill, Welsh,&C
1743 ,Feb .10 .
Case No.No. 11.
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The Lords were of opinion, that a master was not bound to have a person attending at poindings of his tenant's goods by their creditors, with powers to receive and on payment to discharge his rent and hypothec, and far less with powers to assign to the creditor poinder upon such payment; and therefore in this case Macbiehill having empowered Welsh on payment to discharge, and which Welsh offered to do, but the creditor would not pay without assignment, whereupon Welsh stopped the poinding for which he is now sued,—the Lords assoilzied the defender, and found expenses due. They also thought that a receipt for the rent to the creditor would have been equal to an assignment.
The electronic version of the text was provided by the Scottish Council of Law Reporting