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Scottish Court of Session Decisions >>
Lord Salton v Club. [1701] Mor 6216 (11 Nov 1701)
URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor1506216-018.html Cite as:
[1701] Mor 6216
Landlord's power of Detention in virtue of his Hypothec.
Lord Salton v. Club
Date: 11 Nov 1701 Case No. No 18.
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The Lords found that the offering of caution by the tenant for the year's rent does not take away the master's hypothec of the fruits, so as to warrant or authorise the tenant to carry the corns, at his own hand, off the ground; because, though it may be rigid in a master to refuse caution, yet tutius est rei incumbere quam persona.
