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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Menzies v Dickson. [1742] 2 Elchies 238 (12 November 1742)
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Cite as: [1742] 2 Elchies 238
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[1742] 2 Elchies 238
Subject_1 HEIR CUM BENEFICIO.
Date: Menzies
v.
Dickson
12 November 1742
Case No.No. 4.
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An apparent heir disponing lands to which he had not made up his title, after his death the next heir served heir cum beneficio to him in lands wherein he had died infeft, but passed by him and served heir to a remoter in the lands disponed by him, and to which he had not made up his title, and pursued reduction of the disposition in so far as it was gratuitous; but it was found, that an heir cum beneficio, though the inventory were exhausted, cannot quarrel deeds by his predecessor, to whom he is served heir, though cum beneficio. Vide inter eosdem voce Superior and Vassal.
The electronic version of the text was provided by the Scottish Council of Law Reporting