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A bond being alleged to be granted by the Earl of Nithsdale, in anno 1621, to one Colquhone and his wife, for 6000 merks; and a pursuit being intented thereupon; it was alleged, That the bond was most suspicious, being so ancient and nothing done thereupon; and in respect of other great presumptions, viz. the quality and condition of the said Adam when the said bond was granted, being designed the Earl's servant; and that it was improbable, he could have so much money to lend his master, or that he and his heirs should have so long wanted the same; and that it appears, that the bond has been blank ab initio, the creditor's name being filled up with another ink; and the said Adam being designed to have been the writer of the bond; and yet where it bears that he is writer, it does not bear the said Adam; which it would have borne if his name had been filled up from the beginning; and it appears, that the Earl being known to be a person negligent, and being at London for the time, and having to do with money, might have given the bond to the said Adam his servant for raising of money, and that he forgot to call for it:
The Lords found, That the said bond could not be taken away upon the presumptions foresaid; unless it were either prescribed, or the defenders would offer to improve it.
