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Balgony v James Hay. [1688] Mor 5247 (00 February 1688)
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[1688] Mor 5247
Rights and powers of an apparent heir, as to removing tenants, uplifting rents, selling the predecessor's estate, &c. - - To whom rents unuplifted during apparency belong.
Balgony v. James Hay
1688.
February. Case No. No 15.
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Found that the executors or assignees of apparent heirs dying un-entered, had no right to mails and duties of lands, or to annualrent of heritable bonds, resting unuplifted the time of the apparent heir's decease; though payment made to apparent heirs would exoner tenants: And it was not material here to consider, if the apparent heir's executors would be liable to restore what was consumed of that which he uplifted.
Fol. Dic. v. 1. p 358. Harcarse, (Aires Gestio, &c.) No. 71. p. 13.
