Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HYPOTHEC.
Subject_3 A Landlord may, currente termino, not only sequestrate, but also roup the hypothecated Effects of his Tenant, if insolvent.

James Hay, &c
v.
Robert Dow

Date: 25 June 1784

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[Fac. Coll. XI. 253; Dict. 6202.]

Braxfield. The landlord's hypothec must be used with discretion. The landlord cannot sequestrate while the tenant is going on in business; for how can a tenant pay his rent, if he be not allowed the use of his crop? The case is different when a tenant becomes lapsus. If the landlord be entitled to sequestrate, he may roup, for otherwise the subject may be dilapidated. Cattle must be rouped, for otherwise they will eat up their own value. As to the other point,—;at common law, a tenant is bound to stock the farm ; and, if he does not, the landlord is entitled to call upon him to do it, to find caution, or to remove.

On the 25th June 1784, “The Lords sustained the defences, and assoilyied ;” adhering to the interlocutor of Lord Elliock.

Act. H. Erskine. Alt. A. Crosbie.