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Cite as: [1701] Mor 6216

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[1701] Mor 6216      
Subject_1 HYPOTHEC.
Subject_2 SECT. III.

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.

 Fol. Dic. v. 1. p. 416. Fountainhall.

*** See this case, No 13. p. 1821.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor1506216-018.html