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The Laird of Livingston intented action of reduction of a decreet given against his father, at the instance of David Wood, comptroller, which decreet was given by virtue of an obligation produced by the said David, which obligation the pursuer in this reduction craved to be produced, that he might improve the same. The Lords would not sustain the reason of reduction, quia procurator actoris in prima instantia non excipiendo de falsitate, 1mo proponendo aliam exceptionem, tacite visus est illam approbare: And as the pursuer's father, if he were alive, would not be heard to improve the same which he has once approved, as said is, no more could his son and heir, at least his successor who is in his place and right. Et de jure, exceptio falsitatis post sententiam non potest opponi.
