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Cumming of Altyr v Lumsden. [1667] Mor 6237 (4 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor1506237-040.html Cite as:
[1667] Mor 6237
Customs of a Burgh. Hypothec on Goods for the Price. On Cloth or Manufactures. Fishings. Extent of British Statute relative to Hypothec. Builder's Hypothec on the House.
Cumming of Altyr v. Lumsden
Date: 4 July 1667 Case No. No 40.
Fishings liable to hypothec, See No. 43.
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Cumming of Altyr having set a salmon fishing to Alexander Lumsden, for payment of L. 60 Scots of tack-duty, he pursues Matthew Lumsden, as intromitter with the fish taken, for the tack-duty, as having an hypothec upon the profits for the rent.—It was alleged for the defender absolvitor, because he intromitted with these fish as donatar to Alexander Lumsden's escheat; at least, having now the right of the escheat, he was not liable for that privilege, perferring masters of the ground; for the rent cannot take place against the King and his donatar, who is more privileged.
The Lords repelled the defence, and found the donatar liable for the rent, in so far as ilk year's intromission would extend to the rent of that year.
