Subject_1 HYPOTHEC.
P Crawfurd
v.
Tacksmen of Langtown
1737 ,Feb .18 .
Case No.No. 6.
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The Lords unanimously found, that the crop 1736 was not hypothecated for the rent 1735. 2dly, We also found, that for the crop 1736, whereof the term of payment was not come, both the offers made by the creditor were sufficient, viz. a bond with sufficient caution offered to be delivered to the master himself; 2dly, Consignation of Banknotes in the Sheriff's hands,—which were separatim relevant, for the Bank notes would not be a good payment, yet they are good security, and the Sheriff is the County Judge, and the proper Judge in poindings long before the institution of the Session, 21st January.—18th February 1737 The Lords adhered. Vide 15th November, (No. 7.)
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