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Sharp of Hoddam v Dr Maxwell. [1731] Mor 6216 (2 July 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1506216-019.html Cite as:
[1731] Mor 6216
Landlord's power of Detention in virtue of his Hypothec.
Sharp of Hoddam v. Dr Maxwell
Date: 2 July 1731 Case No. No 19.
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One having currente termino proceeded to poind a tenant's cattle, who was his debtor, notwithstanding the master interposed, insisting to detain the goods upon the ground, in virtue of his hypothec; in a process of spuilzie at the master's instance, the Lords found the poinding could proceed, the creditor having left sufficiency of goods upon the ground to answer the hypothec; and found that the goods poinded were not liable to the hypothec, so far as extended to the debt in the horning, though the goods retained were afterwards disposed of by the bankrupt tenant.——See Appendix.
