In considering the value of the stocking on a farm, as sufficient for the landlord's security, cattle admitted to pasture, not being subject to the hypothec, are not computed.
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Nabony possessed a farm belonging to Mr Ross M'Kye, which consisted of several large inclosures laid down in grass, and instead of stocking it with cattle of his own, admitted those of others to pasture on it.
Mr Ross M'Kye, apprehensive that in this manner his right of hypothec would be rendered ineffectual, it being understood that cattle so taken in were not subject to it; Erskrine, b. 2. tit. 6. § 63.; Brown against Sinclair, No 10. p. 6204, brought an action of removing, on this ground, against the tenant.
The defender urged the propriety of the measures adopted by him, as agreeable to the nature of the subject let, and the practice of the country; and farther insisted, that the value of his property on the farm was fully adequate to the landlord's security.
Of this last averment a proof was allowed, in which the defender having failed,
“The Lords decerned in the removing.”
Lord Ordinary, Braxfield.Act. Maclaurix.Alt. D. Armstrong.
Fol. Dic. v. 3. p. 293. Fac. Col. No 128. p. 234.
