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Subject_1 HYPOTHEC.
Date: M'Kenzie of Rosehaugh
v.
Crichton and Hay
19 June 1747
Case No.No. 13.
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Whether there is any hypothec with us in rural tenements? Lord Kilkerran found that there was none, but on a reclaiming bill, we seemed to agree that there was a hypothec in the instrumenta fundi. Lord Arniston said, that by practice in the country it is also claimed in household furniture, but as no precedent that applied was mentioned on either side, we did not decide; but remitted to the Lord Ordinary to enquire for one mentioned by Lord Tinwald since 1740, but he did not remember the names.
The electronic version of the text was provided by the Scottish Council of Law Reporting