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Patrick Oliphant and his Spouse being charged by Janet Finnie, to exhibit a bond (wherein her name was) before the Commissaries of Edinburgh, did exhibit it, without prejudice of his lawful defences, wherefore it should not be delivered to her. In the mean time, she getting it up from the clerk to see, puts it in the register, and re-produces it registered. He having complained to the Commissaries, they ordained her, by their decreet, to re-produce the principal bond; whereupon he raised letters, and charged her. She suspended, alleging it to be factum impræstabile. The Lords, seeing the bond could not be taken out of the register again, ordained it to have no more respect than if it had not been registered at all; and that she should have no advantage by the registering thereof.
Spottiswood, (Registration.) p. 272.
*** The next seems to be the same case with the above.
