Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Rutherford v. John Rutherford
Date: 29 July 1670
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I hear there is an improbation raised at my Lord Rutherford's instance, against one John Rutherford, a servant of his umquhile brother's, and one who intromitted with his estate divers years, of some bonds granted to the said John by the deceased Lord Rutherford, amounting near to L.2000 Sterling, with a general discharge of my Lord's, of all he could charge him with, and an assignation to sundry debts due to my Lord. The reasons against the assignation are, 1mo, Offers to prove, my Lord was lying in the abbey sick that day, whereon the said assignation is forged to have been subscribed; and yet it bears subscribed at London: so this reason is an alibi, and for adminicling the same, they adduce James Borthwick's account book, bearing that a potion of physic was administered to my Lord that day, he lying in the abbey. 2do, There's one Brown (designed in the assignation indweller in Lauder,) who is writer thereof, and also subscribes as a witness, there was never such a man neither dead nor living; or if they can adduce any such man, then they offer to prove that's not his hand write. Vide infra, [Historical volume,] thir persons hanged.
