Subject_1 EXHIBITION AD DELIBERANDUM. Subject_2 SECT. I.
Competent to all sorts of heirs.
Ratraw v. -
Date: 16 February 1675 Case No. No 4.
An apparent heir was allowed the custody of the writs of which he had obtained exhibition ad deliberandum.
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An apparent heir having, upon an exhibition pursued by him to the effect he might advise whether he would be heir, obtained the writs to be exhibited in the clerk's hands; did thereafter upon a bill desire the samen to be delivered, pretending that he had use for the writs for serving himself heir; and no other person could have any interest for keeping them but himself.
The Lords granted the desire of the bill; albeit some of the Lords thought, that the writs could not be delivered to him, unless he were heir, but only such as he should have use of for his service upon a ticket to the clerk to re-deliver the same, if he should not be served heir within a certain time; and that the creditors had interest, seeing the apparent heir, if he should resolve not to be heir, might embezzle and put the writs out of the way, in prejudice of comprisers.
