Scottish Court of Session Decisions

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Cite as: [1757] Mor 13806

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[1757] Mor 13806

Subject_1 REMOVING.
Subject_2 SECT. I.
Who entitled to pursue a Removing.

Thomas Paton
v.
John Macintosh

Date: 15 December 1757
Case No. No 38.
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.

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

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