A poinding of the ground is competent against an apparent heir, without a charge to enter.
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William Oliphant having obtained a decreet for poinding of the ground against Hamiton, he suspends on this reason, That he was neither decerned as heir, nor possessor, but as apparent heir to the heritor, and was never charged to enter heir.
The Lords repelled the reason, and found this action, being real, was competent against the apparent heir without a charge.
