Sym, defender, has in his possession a number of papers belonging to Finlay, pursuer. Finlay is suing his own father, Robert Finlay, and has asked Sym for the papers as evidence in the suit against his father. Sym seeks to retain Finlay's papers because Finlay is indebted to him. The court has twice ordered Sym, by interlocutor, to return the papers to Finlay's custody. Sym has refused, claiming that he has a hypothec (security) on the writings in his custody. Sym argues that he is not required to return the papers until Finlay satisfies his debt to Sym. Sym cites authorities for the proposition that agents have a right of hypothec or retention in their client's writings for claims of payment.