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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Kerr v Mark Kerr. [1633] 1 Brn 341 (16 February 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: John Kerr
v.
Mark Kerr
16 February 1633 Click here to view a pdf copy of this documet : PDF Copy
John Kerr pursues his brother Mark, as heir to his brother James, for fulfilling of a bond made by the said James to the said John; Mark takes a day to produce his renunciation to be heir; and at that day offers to improve the bond produced registrate; but produces no renunciation. It is alleged by the pursuer, That he cannot improve the registrate bond hoc ordine, but must use an ordinary action, seeing the principal bond was not produced, but the extract out of the register. The Lords ordained the defender to pursue improbation by way of action.
Page 98.
The electronic version of the text was provided by the Scottish Council of Law Reporting