An apparent heir intending to reduce a deed ex capite lecti, petitioned for sequestration of the papers. Although no summons was yet raised, the papers were ordered to be produced and inventoried for inspection.
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John Suity is prevailed with by the Lady Kettleston, and his mother's friends, to dispone his whole estate, heritable and moveable, to a son of John Hay's, Mr. Thomas Hay, the clerk's nephew. George Suity of Balgon, his cousin-german and nearest heir, resolving to quarrel this deed, ex capite lecti, gives in a bill, craving a sequestration of the writs in one of the clerk's hands till the event. Answered, He has no interest, there not being so much as a summons raised; and John Hay excludes him with a valid disposition. Replied, He is neither seeking exhibition nor delivery, but only a sequestration of the papers, which can prejudge none. The Lords, on Kemnay's report, ordained John Hay, merchant in Edinburgh, to produce the whole writs in my Lord Kemnay's hands, to the effect the said George, as apparent heir, may have inspection thereof; and appoint them to be inventoried, and the inventory to be subscribed by the said John Hay; and then the whole writs to be given back again to the said John, to be made forthcoming by him to all parties who shall be found to have interest therein.
Fol. Dic. v. 2. p. 365. Fountainhall, v. 1. p. 320.
