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Until the other day there prevailed in Scotland the almost insane law of hypothec, which allowed a landlord to pursue his tenant's goods even into the hands of an "innocent holder." But there is no argument in favour of the landlord which any other creditor might not advance with equally good reason.
Speaking against Mr. It is worthy of note that Mr. Anderson is a convert to the abolition of the game laws, which until the session of 1870 he had wished to see only amended, not repealed. He is also in favour of the abolition of the laws of entail and hypothec. Mr. Anderson seems to have a thorough detestation of anything like jobbery.
If the hale hypothec were to fa', I think, laddie, I would dee! Excuse a daft wife that loves ye, and that kenned your mither. And for His name's sake keep yersel' frae inordinate desires; haud your heart in baith your hands, carry it canny and laigh; dinna send it up like a hairn's kite into the collieshangic o' the wunds!
And at last, in the village of Ussel, saddle and all, the whole hypothec, turned round and grovelled in the dust below the donkey's belly. She, none better pleased, incontinently drew up and seemed to smile, and a party of one man, two women, and two children came up, and, standing round me in a half circle, encouraged her by their example.
Same time, I am under the necessity to observe our own account, amounting to seven hundred and sixty-nine pounds ten shillings and sixpence, is also due, and settlement would be agreeable; but as we hold your rights, title-deeds, and documents in hypothec, shall have no objection to give reasonable time say till the next money term. I am, for myself and partner, concerned to add, that Messrs.
In all such cases, he is obliged to give a right of hypothec over all his property, whether the security be given in or out of court, and this right avails against his heirs no less than against himself.
Like th' auld wife's parrot, 'we dinna speak muckle, but we're deevils to think, an' we're aye thinkin' aboot ye. An' noo I maun leave ye to mak' what ye can oot o' this, for I jalouse it'll pass ye to untaukle the whole hypothec. Fair fa' ye a'! Lang may yer lum reek, an' may prosperity attend oor clan! Aye your gude frien', Penelope Hamilton.
So far then as this action is concerned, there is no difference between a pledge and a hypothec: and indeed whenever a debtor and a creditor agree that certain property of the former shall be the latter's security for his debt, the transaction is called a pledge or a hypothec indifferently.
In other points, however, there is a distinction between them; for the term 'pledge' is properly used only where possession of the property in question is delivered to the creditor, especially if that property be movable: while a hypothec is, strictly speaking, such a right created by mere agreement without delivery of possession.
If the hale hypothec were to fa', I think, laddie, I would dee! Excuse a daft wife that loves ye, and that kenned your mither. And for His name's sake keep yersel' frae inordinate desires; hand your heart in baith your hands, carry it canny and laigh; dinna send it up like a bairn's kite into the collieshangie o' the wunds!
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