6. Formerly, one who was vested with a personal right • of lands, i e. a right not completed by scisin, effectually divested himself by disponing it to another ; after which, no right remained in the disponer which could be carried by a second disposition, because a personal right is no more than a fits obligationis, which may be transferred by any deed sufficiently expressing the will of the grantor. But this doctrine, at the same time that it rendered the security of the records extremely uncertain, was not truly applicable to such rights as required seisin to complete them ; and therefore it now obtains, that the grantor of a personal right of lands is not so divested, by conveying the right to one person, but that he may effectually make it over afterwards to another ; and the preference between the two does not depend on the dates of the dispositions, but on the priority of the seisins following upon them.
obligation Lie above-quoted act of sedLrunt, 14th Dec.
1756, declared to be a sufficient warrant for letters of horn ing ; upon which, if the landlord charges his tenant forty lays before the said Whitsunday, the judge is authorized to eject him within six (lays after the term of removing ex pressed in the tack.
47. The landletd has in security of his tack-duty, over and above the tenant's personal obligation, a tacit pledge of by pothec, not only in the fruits, as lie had by the Roman law, but in the cattle pasturing on the ground. The corn and other fruits are hypothecated for the rent of that year whereof they arc the crop ; for which they remain affected, though the landlord should not use his right for years to gether. The whole cattle on the ground, considered as a quantity, are hypothecated for a year's rent, one after ano ther successively, provided the hypothec be applied with in three months from the last conventional term of payment of each year. In tacks of houses, breweries, shops, and other tenements, which have no natural fruits, the furniture and other goods brought into the subject set (invecta ct illata,) are hypothecated to the landlord for one year's rent. —The king's prerogative process takes place of the landlord's hypothec.