Scottish Court of Session Decisions

Subject_1 HYPOTHEC.

Sir John Rutherfoord
v.
Scott

1736, June 29.
Case No. No. 4.

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The Lords sustained the defence that the defender left as many goods as would satisfy the rent, and that these goods were intromitted with or poinded by the pursuer the master, though for another debt, and therefore adhered to the Ordinary's interlocutor.—(20th June 1735.)

The Lords altered the former interlocutor of 20th June, and repelled the defence that as many goods were left as was sufficient for that year's rent, in respect of the answer that there did not remain as many at the term of payment, and repelled the reply that these remaining goods were intromitted with by the master himself, in respect he intromitted with them by a lawful poinding for former rents, albeit he had no hypothec for these former rents. 29th June 1736 Altered this interlocutor, and adhered to the former of 20th June 1735. I was absent in the Outer-House when the two first interlocutors of this day were pronounced, and have them only by report, but the two about the hypothec (See No. 5.) were delayed till 12 o'clock.