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James Ker having pursued Mark Ker for payment of a sum contained in a bond, which was registrate by compearance and consent of procurators, and he offering and taking a term to renounce, being charged to enter heir to the granter of the bond, and pursued eo nomine, it was found, that he might pass from that offer to renounce, and propone another exception, notwithstanding of that term assigned to him; and thereafter, he proponing improbation of the bond libelled, it was found, that this exception improbation ought not to be received against a bond registrate, but reserved him action to pursue improbation thereon, albeit the registration was only by a naked consent, and that the clerk had the bond then ready, to be produced in this same process, being recently only done.
Clerk, Gibson.
Fol. Dic. v. 1. p. 173. Durie, p. 675.
