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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tod v Montgomery of Macbiehill, Welsh, &c. [1743] 2 Elchies 266 (10 February 1743)
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Cite as: [1743] 2 Elchies 266
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[1743] 2 Elchies 266
Subject_1 HYPOTHEC.
Date: Tod
v.
Montgomery of Macbiehill, Welsh, &c
10 February 1743
Case No.No. 11.
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An heritor's factor stopping poinding of the tenant's goods, the creditors offered payment on assigning the rent and hypothec, but the factor or doer offered a receipt but had no power to assign, whereupon the creditor pursued a deforcement; but the Lords assoilzied, and thought the receipt of the rent to a creditor would imply an assignation; 2do, Many doubted whether the heritor was bound to have a factor present with powers even to discharge, and that the creditor should offer the rent to the heritor himself. (See Dict. No. 36. p. 6228.)
The electronic version of the text was provided by the Scottish Council of Law Reporting