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Katharine Veitch being pursued by Sir John M'Dougall to remove from the lands of ——, and she excepting upon her infeftment of terce, whereto it was replied, That she had renounced the same; and she offering to improve that writ, the Lords found, that improbation could not be received hoc loco by exception or duply, in respect the writ was registrate, and so ought to be pursued in an ordinary action of improbation; neither was it respected, that the defender alleged, that it was but registrate one day or two at the furthest, before the intenting of this pursuit against her, who was but a poor woman, and who ought not to be put to pursue and intent a new process to improve, where the writ is but lately registrate, and done by the party of purpose to put her to further trouble. Likeas the clerk, in whose books the writ quarrelled is registrate, hath the principal ready to be produced, and likeway did produce the samen before the Lords; notwithstanding whereof the Lords found, that they could not receive the improbation hoc ordine, but only per viam actionis, seeing the writ was registrate a day before the intenting of this action of removing.
Act. Craig.Alt. Burnet.Clerk, Gibson.
Fol. Dic. v. 1. p. 173. Durie, p. 844.
