Date of Decision: 23 Jan 1773
Abstract: 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.
Subjects: Hypothec, Debt security, Hypothec

Published Report

William Morison, The Decisions of the Court of Session (1811), 6250 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 516


John Finlay
Robert Sym

People or Organizations Associated with Case

Named in case documents:
Robert Finlay, Father of John Finlay
Ludovick Grant

Case Locations (People)

Case Locations (Case)