atkins case sir William stanhope versus roberts executor of spin October  counsel have a right to draft as precedent but not to detain they where either  party may have a benefit from the inspection of they a bill be bring to set  aside a annuity grant by the plaintiff to spinks upon a suggestion of its be  obtain by fraud extortion c and to discover the real consideration give by  spinks for the annuity and that the draft of the annuity suggest to be in the  hand of the defendant may be produce at the hear the defendant be the executor  of spinks and a gentleman at the bar and be the counsel who draw the draft of  the annuity and who admit by his answer he have it in his custody and submit  to produce it as the court shall direct and do not insist on any privilege as  a counsel the motion be to produce the draft upon oath before a master or to  leave it with the defendant clerk in court for the inspection of the plaintiff  Lord chancellor two objection have be make to this motion first to the nature  of the case second with respect to the merit of the case as to the nature of  the case it be say that a counsel be privilege so as not to be oblige to  produce a draft because it be his own property and he have a right to keep it  but in this case Mr Robert be a party concern in interest which differ it from  the common case of a counsel he be executor of the Ann uitant and stand in his  place and by his answer have submit to produce the draft as the court shall  direct and every body know such a submission will oblige he to do it even  before the hear if the court shall think it necessary counsellor have a right  to draft to make use of they as precedent only but not to detain they when  either party concern may have any benefit arise from a inspection of they  atkins er p there be a strong case in Lord chancellor king time upon a bill  bring among several other thing for a discovery of the case which the  defendant have state to his own atkins counsel for a opinion and also for a  discovery of the several fact contain in the case the defendant demurrer to  such discovery which demurrer Lord chancellor king overrule and upon a appeal  to the house of lord the order of the chancellor for overrule the demurrer be  affirm as to the merit of the case I do not find any particular circumstance  to show it will be any way prejudicial to Mr Robert to produce the draft his  lordship order the draft to be leave with the defendant clerk in court but not  upon oath to be inspect by the plaintiff