36 Of Cattell engaged, before they were put into the Land-lords ground. D. 20. 4. 11. § 2.
THe Tenant agreed with the Land-lord, that whatsoever Cattell he should put into his ground, they should be engaged for the rent, and having a flock of sheepe, he borrowed a summe of mony, and obliged them for paiment thereof, and afterwards he put them into his ground: It was questioned, whether of the two, had better right for satisfaction from the sheep? Gaius answered, That the later, to whom they were engaged simply, had better right then the former, to whom they were to become engaged, when they were to be put into his ground; which happened after the other engagement.