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He who forms an exception upon offers really and in due time made by him, and instruments taken by him thereupon to eschew a clause irritant of a tack or infeftment, will not get an incident diligence for recovery of these instruments from the notary, because they are his own evidents, and could have been extracted by him in due time, unless he make faith; that he has just cause to use the incident, and shew probable causes of his want of the instruments.
