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A bond made by umquhile James Borthwick to David Clerk being registrated, and after the decease of James Borthwick transferred in one representing him, and thereupon comprising being deduced, thereafter the bond and comprising is reduced for not production. Cunningham, assignee to Clerk the creditor, after this reduction, pursues transferring of that registered bond, and of the said decreet of transferring, obtained by his cedent; wherein the defender alleged, while that decreet reductive were taken away, whereby the bond was reduced, that the bond could not be desired to be transferred; which allegeance was repelled; for notwithstanding of the decreet reductive, the Lords found the transferring ought to proceed, without necessity to reduce the decreet reductive, seeing the bond was registrated, and which was known to the party, seeing he had deduced comprising thereon, and so could not be reduced for not production; and in that sentence reductive, the bond was not called for to be reduced, but only the comprising, neither was there any reason libelled against the bond, but only against the comprising, and therefore the transferring was sustained as said is.
