Scottish Court of Session Decisions

Subject_1 HYPOTHEC.

Sir John Rutherford
v.
Scott of Bonchester

Date: 29 June 1736
Case No. No. 4.

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A master pursuing for his rent one who intromitted with and poinded the tenants' goods; the Lords sustained the defence, that the defender left as many goods as would satisfy the rent, and that these goods were intromitted with and poinded by the pursuer for another debt. Indeed, they once altered this interlocutor, and repelled the defence, in respect of the answer, that at the term of payment of the rent there did not remain goods sufficient for the rent, and repelled the reply, that these goods that were left were intromitted with by the master the pursuer, in respect he lawfully poinded them for former rents, though he had no hypothec for these rents; but thereafter they returned again to the first interlocutor, and sustained the defence above. (See Dict. No. 35. p. 6226.)