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One being charged upon his bond of attestation of a cautioner in a suspension, he offered to prove the act and subscription as false, and craved the charger might abide at it as a true deed. Answered, This was not in the case of ordinary bonds, where creditors see them subscribed; but this was taken by the clerks of the bills, from whom he had the extract. “The Lords found he could only be holden to abide by it qualificate, viz. that it was truly so delivered to him by the clerk of the bills and his servants.”
Fol. Dic. v. 1. p. 456. Fountainhall, v. 1. p. 250.
