William Salmond v. Executors of John Weir (or Ore)
Date: 22 July 1630 Case No. No. 27.
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William Salmond pursues the Executors of John Weir for warrandice of an annual-rent out of a tenement sold by the defunct to the said Salmond, for the which he was distressed. It was alleged, that the executors could not be convened for warrandice of an heritable bond. To the which it was replied, that the distress being of a moveable sum, the pursuer had it in his option either to pursue the executors or the heir for the same; which the Lords sustained.
Auchinleck MS. p. 252.*** Durie reports this case:
The deceased John Ore having sold a tenement by contract to Salmond, with absolute warrandice therein; the said Salmond pursues the heir of umquhile John Ore, to hear him decerned and declared to warrant the said disposition: And the defender alleging, that he ought not to be decerned to warrant, seeing there was no distress qualified, and also that he had a reduction intented,. for reducing of that disposition; the Lords nevertheless decerned to warrant, seeing in effect that was but a declarator of the warrandice; but superseded all execution, while the pursuer were lawfully distressed; and found, that this decreet should not be prejudicial any ways to this defender, to pursue his action of reduction of that disposition as accords.
