[1750] 1 Elchies 198
Subject_1 HYPOTHEC.
Andrew Broomfield
v.
Davidson
1750 ,Jan .12 .
Case No.No. 16.
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John Taylor got a tack from Davidson, his entry to be at Whitsunday 1740 and first term's payment Martinmas 1740, and the next Whitsunday 1741. In 1748 Andrew Broomfield came to poind the tenant's crop, and Davidson claimed his hypothec for the rent that was due at Martinmas 1747 and Whitsunday 1748, and it was agreed that the crop should be disposed of till the matter was decided. Broomfield contended that the hypothec was only for the rent payable at Martinmas 1748 and Whitsunday 1749, that the crop could only be hypothecated for one year's rent, and it behoved to be the legal terms and not conventional terms that are the rule. Lord Milton found that Davidson had his hypothec for Martinmas 1747 and Whitsunday 1748;—and we adhered, and refused a bill without answers,—because as the rent paid at Martinmas 1740 and Whitsunday 1741 was the rent of crop 1741, for which rent alone the master could have a hypothec, and after it was paid the crop was liable to no hypothec, so the rent payable at Martinmas 1747 and Whitsunday 1748 behoved to be the rent payable for crop 1748, and which was agreeable to our decisions betwixt Crawfurd and the Tacksmen of Langtown (supra) Yet some of us differed, inter quos Justice-Clerk.
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