Found that an apparent heir cannot remove tenants.
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The Sheriff of Angus having decerned in a removing at the instance of John M'Intosh, an apparent heir, against Thomas Paton; Paton suspended on this ground, that an apparent heir could not sue in a removing; and quoted a case; Robert Boyd of Penkill against M'Garva, which had been the subject of Lord Chesterhall's report, when upon his trials, in which the Court had unanimously found so. The Lords suspended the letters.
For Charger, Mackintosh.For Suspender, J. Dalrymple.
Fac. Col. No 69. p. 118.