Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

William Robertson, one of the under Clerks of Session, and George Cruickshanks
v.
the relict and children of William Melvil

Date: 17 Nov 1713

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John Halden of Myreton, having caused Margaret Cruickshanks, his wife, sign her name upon a blank half sheet of paper, before two subscribing witnesses, wherein, after her death, he filled up an assignation to a bond of 2000 merks, granted by George Anderson of Foxtoun to the said Margaret Cruickshanks; William Robertson, to whom she had formerly assigned the said bond, with a faculty to alter, and George Cruickshanks, her executor qua nearest of kin, raised a reduction of the assignation in favours of John Halden, against the representatives of William Melvil, to whom it was transferred by Halden for an onerous cause.

The Lords reduced the assignation, upon this ground, that it was proved to have been a blank sheet of paper, with the subscription of Margaret Cruickshanks and witnesses, only filled up after the decease of the granter, and there was no evidence or document of a communing to warrant the filling up of the same. Here one of the witnesses having deponed, that he filled up the blank after Margaret Cruickshanks's death, and the other deponed that it was blank at subscribing; it was presumed to have continued blank till her death. The Lords thought, that though before the late Act of Parliament about blank writs, writs might have been blank in the substantial parts, where there were schedules, or something to direct how to fill them up; yet the making a writ entirely blank, without any circumstance to clear the intention of parties; in which the haver may fill up, not only dispositions or assignations to all the granter had, but even treasonable declarations, or what else he thinks fit,—is of dangerous consequence.

MS. page 1.