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A decreet being obtained against Sir James, as charged to enter heir of tailzie to his brother Alexander, in foro, for payment of a debt due to Lundy; two exceptions being proponed and admitted, and the term circumduced, he craved to be reponed against the said decreet, alleging that the procurator, who pretended to compear for him in the decreet, had no warrant, and was sick for the time.
The Lords inclined to repone him as to personal, but not as to real execution; and desired the Reporter to deal with the party to consent.
