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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Blank Writs
Date: 16 December 1679
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One charges upon a bond: compearance is made for a third party, and he Alleges the bond was granted originally blank in the creditor's name, and was so delivered to one who was his debtor; and he had arrested the money before this charger's name was inserted in it; and he offered to prove this by the writer and witnesses.
Alleged,—The bond being in the charger's name, it could not be taken away but only by his oath, or a writ under his hand. Yet the Lords, before answer, ordained the principal bond to be taken out of the register, that, after inspection, they might consider whether or not the creditor's name had been blank in it ab initio, and was filled up since with a different hand and ink; or if it was all one context. And ordained the creditor charger to give his oath of calumny when his name was filled up therein, or the same delivered to him. And thereafter ordained the writer and witnesses to be examined, to expiscate if there was any fraud. But this was judged by some a hard and dangerous interlocutor.
