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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Taylor v Davidson and Broomfield. [1740] Mor 6197 (11 Jan 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor1506197-004.html Cite as: [1740] Mor 6197 |
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[1740] Mor 6197
Subject_1 HYPOTHEC.
Subject_2 SECT. I. Extent to which Corns are subject of Hypothec.
Date: Taylor
v.
Davidson and Broomfield
11 Jan 1740
Case No.No 4.
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Where a tack was granted for fifteen years, commencing at Whitsunday 1740, for the pasture ground, and for the arable land at the Martinmas thereafter, and the tack-duty payable by way of foremail rent, the one half at Martinmas 1740, the other at Whitsunday 1741, and so furth termly; the crop reaped in harvest 1748 was found to be subject to the hypothec for the rent due at the Whitsunday preceding, and a petition against the interlocutor of an ordinary so finding, ‘refused without answers.’
N. B. In reality the first years rent, though by agreement payable at the first Martinmas and Whitsunday after the entry, is paid for the year in which the first crop grows.
The electronic version of the text was provided by the Scottish Council of Law Reporting