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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rose v His Tenants. [1628] Mor 5243 (29 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor1305243-010.html
Cite as: [1628] Mor 5243

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[1628] Mor 5243      

Subject_1 HEIR APPARENT.
Subject_2 SECT. III.

Rights and powers of an apparent heir, as to removing tenants, uplifting rents, selling the predecessor's estate, &c. - - To whom rents unuplifted during apparency belong.

Rose
v.
His Tenants

Date: 29 February 1628
Case No. No 10.

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An apparent heir is neither served nor seised heir to his father divers years after his father's decease, and yet pursues the tenants for the duties since his father's decease, as if his seising should be drawn back to the time of his father's decease.——The Lords grant no action until he be seised.

Auchinleck, MS. p. 2.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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