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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Broomfield v Davidson of Haltree. [1750] 2 Elchies 267 (12 January 1750) URL: http://www.bailii.org/scot/cases/ScotCS/1750/Elchies020267-016.html Cite as: [1750] 2 Elchies 267 |
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[1750] 2 Elchies 267
Subject_1 HYPOTHEC.
Date: Andrew Broomfield
v.
Davidson of Haltree
12 January 1750
Case No.No. 16.
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Hypothec in corns is only competent for the rent payable for that crop, whereof these corns are the produce; and therefore a tenant entering at Whitsunday 1740, and paying his first year's rent, the half at Martinmas 1740, and the other at Whitsunday 1741, which of consequence was forehand rent for the crop 1741, which behoved to be the tenant's first crop; a creditor poinding the corns in September 1748, they were found hypothecated to the master for the rent payable at Martinmas 1747 and Whitsunday 1748, which was the rent of that crop 1748, and not as the creditor contended for, the rent payable at Martinmas 1748 and Whitsunday 1749, the terms immediately after the crop; for the rent then payable was truly the rent of crop 1749, which was not sown at the time of the poinding.
The electronic version of the text was provided by the Scottish Council of Law Reporting