Subject_1 HYPOTHEC.
Sir John Hall
v.
Nisbet of Dirleton
1747 ,Nov .20 .
Case No.No. 14.
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Sir John Hall as creditor to a tenant of Dirleton, attempted to poind the tenant's crop betwixt Yule and Candlemas, and Dirleton's factor stopped him till payment of his farms and money rent. The creditor offered a neighbouring tenant cautioner, which the other said he was not bound to accept. We found he was not bound to accept of caution for his farm and allow the corn to be poinded; and therefore sustained the defence.— June 2d 1748 Adhered.
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