[1678] Mor 1668
Subject_1 BLANK WRIT.
Subject_2 SECT III. Effect of a Blank Writ after the Death of the Proprietor.
Date: Peebles
v.
The Tenants of Rossie
4 January 1678
Case No.No 13.
An executor found to have right to the sum in a bond, granted blank to a defunct; but bound to find caution against distress, upon any bond similar in the date, witnesses, &c.
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——Peebles being confirmed executor to the Laird and Lady Rossie, pursues the tenants for payment of the duties resting before the defunct's decease, and for certain bonds granted by the tenants to the defunct; the tenants having deponed, one of them acknowledges a bond granted to the defunct, wherein the creditor's name was blank. The question occurred to the Lords, whether that tenant should be obliged to pay the sums according to his blank bond; the difficulty on the one part being, that the tenant might be distressed for double payment, at the instance of any party whose name should be filled up in the bond; and if such bonds should not be effectual for executors or arresters, it were easy to disappoint their diligence by taking blank bonds.
The Lords decerned the tenant to make payment of the sum contained in the blank bond; but declared, that if the tenant condescended on the date and witnesses in the bond, the executors should find caution to warrant him, if he were distressed upon any bond of the same date, sum and witnesses; or if the tenant could not so condescend, The Lords superseded extract, as to that sum, till the first day of July, that the tenant might, by exhibition or declarator, secure himself against the blank bond.
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