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The umquhile L. Crosbie having intented and pursued removing against Hume, and he dying pendente lite, his son, being served heir to him, craving this action to be transferred in him active, and it being alleged, that he could not seek transferring in himself, by virtue of this title produced, whereby he was only retoured general heir, seeing none could seek this transferring, nor prosecute that removing, but only he who was infeft particularly in the lands libelled, for without a special sasine of these lands he could not desire any to be removed therefrom, and consequently none without such a special sasine, which might be a ground to insist in that removing, could seek transferring thereof,—the Lords repelled this allegeance against the transferring, and reserved this to be proponed and discussed whenever this pursuer should insist in the process of removing:—Which I think a little uncouth, that a transferring of a process of removing should be granted to one not seised.
Act. Craig.Alt. Belshes.Clerk, Gibson.
Durie, p. 835.
