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Found in conformity with Williamson against Tennant, No 64. p. 12305.
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William Rutherford, younger of Bankend, being charged at his father's instance to make payment of a bond of 1200 merks, did suspend upon this reason, that the bond was consigned blank in the creditor's name in his father's hand, to the behoof of his brother Andrew, who had granted a discharge thereof, which was offered to be proved not only by the writer and witnesses inserted, but by the charger's own sons-in-law and nearest friends the time of the depositation. The Lords, notwithstanding, found the letters orderly proceeded, unless it were offered to be proved by the charger's oath, whom they declared they would ordain to depone in presence of all these witnesses; but the bond being now filled up in his name, and he being father to the suspender, they found it could not be taken away but by his own oath, and not by witnesses, albeit they were above all exception, and near relations.
Fol. Dic. v. 2. p. 217. Gosford, MS. No 304. p. 132.
