Subject_1 HYPOTHEC.
Pringle
v.
Scott of Harden
1736 ,July 22 .
Case No.No. 5.
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The question put was, Whether currente termino a master may by virtue of his hypothec stop a poinding of his tenant's cattle till security be given him for his rent, notwithstanding there are then corns sufficient for payment of his rent, or not? and it carried not. For the interlocutor were Royston, Newhall, Minto, Haining, Dun, Monzie, Easdale. Against it were Milton, Drummore, Shewalton, Coupar, Leven, and the President, but he had no vote, and Murkle did not vote. (Vide 20th June, Sir John Rutherfoord, supra.)—29th June 1736, This interlocutor altered and the reverse pronounced, though none that were for the last interlocutor altered. We did not determine the specialty mentioned in Harden's petition. 22d July 1736 The Lords adhered to the interlocutor of 29th June.
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