Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Lewis Stuart
v.
Main and Smith

Date: 15 January 1625

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In an action, betwixt Mr Lewis Stuart against Main and Smith,—the Lords found, that corns growing upon any ground, set by the master of the ground to a tenant, where the said corns, after the shearing, are transported off the ground whereon they grew, to another ground; are not hypothecated to the master for that year's farm, by any privilege or prerogative of prelation which might make the master to be preferred to any other creditor of that farmer, in case any other creditor do greater diligence by poinding, or arresting, or otherwise than the master of the ground doeth; but that, in such cases where the corns are off the ground whereon they grew, the master, for his farms, hath no privilege nor preference to another common creditor, except for so much as he may claim by any more timely and lawful diligence done by him than by another creditor, albeit the question be moved for that year's farms and corns of that same crop; for the prerogative granted to the master of the ground is only competent and sustained when the corns of that crop are standing upon the ground of the lands whereon they grew, and for the which the farms are addebted to the master.

Act. Craig. Alt. Stuart and Cheap. Gibson, Clerk.

This decision was immediately stayed, and no interlocutor passed thereupon, and that matter ended by submission; but the contrary is decided betwixt Hay and Keith, 25th July 1623, and 3d February 1624; and ult. March 1624, Sir John Carnegie.

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