[1736] Mor 6216
Subject_1 HYPOTHEC.
Subject_2 SECT. III. Landlord's power of Detention in virtue of his Hypothec.
Date: Pringle
v.
Scot of Harden
30 June 1736
Case No.No 20.
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A poinding of a tenant's stocking being attempted in October, while the corn crop was wholly in the barn-yard, much more than sufficient for a year's rent; the landlord interposed, and refused to allow the poinding to proceed, unless the creditor would find sufficient caution for payment of a year's rent, which was a greater sum than the debt in the horning. In a process against the landlord for stopping the poinding, the Lords found the defender, in virtue of his hypothec for the current year's rent, did warrantably stop the pursuer's poinding.————See Appendix.
*** See Rutherford against Scot, No 35. p. 6226.
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