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Cite as: [1752] Mor 5354

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[1752] Mor 5354      

Subject_1 HEIR CUM BENEFICIO.

Robertson, Petitioner

Date: 21 July 1752
Case No. No 24.

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Arthur Robertson, apparent heir of William Robertson of Inches, represented to the Lords by petition, that he was resolved to deliberate, whether or not he would enter heir to his father, and craved that the Lords would ordain the Sheriff-depute of Inverness to inventory the writings, and transmit them to any of the Clerks of Session.

The Lords “refused this petition,” as a novelty; every heir might ask the same thing, and every private party might ask the like, nor are the Clerks of Court bound to receive papers but in processes: Next, it would require an expense; and, Who was to pay it, if the petitioner should not enter?

Fol. Dic. v. 3. p. 260. Kilkerran, (Heir cum beneficio.) No 8. p. 242.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor1305354-024.html