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Scottish Court of Session Decisions >>
Thomas Paton v John Macintosh. [1757] Mor 5273 (15 December 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor1305273-030.html Cite as:
[1757] Mor 5273
Effect of the Apparent Heir's interference, and extent of his Interest in the Estate.
Thomas Paton v. John Macintosh
Date: 15 December 1757 Case No. No 30.
An apparent heir cannot remove tenants.
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The Sheriff of Angus having decerned in a removing at the instance of John Macintosh, an apparent heir, against Thomas Paton; Paton suspended, on this ground, that an apparent heir could not sue in a removing; and quoted a late case, Robert Boyd of Penkill against Macgarva,* 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.’ See Removing.
For Charger, Mackintosh.For Suspender, J. Dalrymple.
Fol. Dic. v. 3. p. 258. Fac. Col. No 69. p. 118.
