Scottish Court of Session Decisions

Subject_1 HYPOTHEC.

Creditors of Lidderdale of Torrs, Competing

1749, July 5.
Case No. No. 15.

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Nasmyth, who was Lauderdale's agent, had the writs of the estate in his hands, and was creditor in an account, and particularly in the dues he had paid the Sheriff upon the clause capiendo securitatem in order to get his client infeft, and there being a ranking and sale, the question was, Whether he had a right of hypothec on these writs? Against them I quoted the case 10th July 1735 and 17th February 1736, Creditors of Kirnan and M'Vicar, (No. 3.) and 31st January 1738, Earl of Sutherland against Mr D. Coupar, (No. 6.) and we delayed till the lawyers look into them,—16th June 1749.

The Lords (5th July) found that an agent has a hypothec in the writs of his client's lands in his hands not only against his employer but also against his creditors, contrary to the decision Creditors of Kirnan 10th July 1735 and 11th February 1736; 2dly, Found the money paid by him to the Sheriff on taking his client's infeftment that he has no hypothec for it.