A Treatise on Leases Author:Robert Bell Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: I. Of The Landlord's Right or Retention. of the term, consists in this, that as, after the term of payment, the landlord is at liber- ty to appropriate t... more »he subject of hypothec in payment of the rent, the creditor of the tenant is not bound to find caution to the landlord for the rent. It is only incumbent on him to leave sufficient on the ground to pay the hypothecated rents. III. Actions competent to the creditors of the tenant from the exercise of these powers. The power of retention given to the landlord, must be exercised with a due attention to the interests of the creditors of the tenant. This is obvious from the statement given of the pleas of the parties ; and without going very minutely into the causes on which an action would betsustained, at the instance of a creditor whom the landlord has excluded, by pleading his right of retention, it may be observed, that an action would be competent to the creditor; 1. Where the creditor's offer to find caution previous to the term of payment is refused. 2. Where a sale of cattle is interrupted by the landlord, and the cattle carried back to the farm. 3. Where the term of payment is past, and there is corn on the farm sufficient to cover the rent, after setting apart what is offered to be poinded by the creditor. In these cases, were a poinding to be stopt, an /action would lie at the instance of the creditor against the landlord, for payment of the debt due by the tenant. II. or The Landlord's Right or Bringing Back THE SUBJECT OF THE HYPOTHEC. I. The crop. ' 1. Brevi mantt. This may be done where the crop is sold, or where it is given in payment of a debt, provided it be done within twenty-four hours from the time at which the goods have been carried off. Crichton v. the Earl of Queensberry. Su...« less