OBLIGOR. The person who has engaged to perform some obligation. La. Code, art. 3522, no. 12. One who makes a bond.
Obligors are joint and several. They are joint when they agree to pay the obliga tion jointly : and the survivors only are liable upon it at law, but in equity the assets of a deceased joint obligor may be reached; 1 Bro. C. C. 2 Ves. 101, 371. They are several when one or more bind themselves and each of them separately to perform the obligation. In order to become an obligor, the party, must actually, either himself or by his attorney, enter into the obligation and execute it as his own. If a man sign and seal a bond as his own and deliver it, he will be bound by it although his name be not mentioned in the bond ; Wil liams v. Greers', Adm'rs, 4 Hayw. (Tenn.) 239; Stone v. Wilson, 4 McCord (S. C.) 203 ; Smith v. Crookeg, 5 Mass. 538; Blakey v. Blakey, 2 Dana (Ky.) 463; Vanhook v. Barnett, 15 N. C. 272. When the obligor signs between the penal part and the condi tion, still the latter will be a part of the in strument; Reed v. Drake, 7 Wend. (N. Y.)
345; Argenbright v. Campbell, 3 Hen. & M. (Va.) 144.
The execution of a bond by the obligor, in blank, with verbal authority to fill it up, does not 14nd the obligor, though it is after wards filled up, unless the bond is redeliver ed or acknowledged or adopted; v. Boyd, 2 N. & M'C. (S. C.) 125; U. S. v. Nelson, 2 Brock. 64, Fed. Cas. No. 15,862; Ayres v. Harness, 1 Ohio 368, 13 Am. Dec. 629 ; Peebles v. Mason, 13 N. C. 369; Byers v. McClanahan, 6 Gill & J. (Md.) 250. But see, contra, Wiley v. Moor, 17 S. & R. (Pa.) 438, 17 Am., Dec. 696 ; and see Sigfried v. Levan, 6 S. & R. (Pa.) 308, 9 Am. Dec. 427 ; Franklin Bk. v. Wright (Ohio) 742; BLANK.
All obligors in a joint bond are presumed to be principals, except such as have the word "security" opposite their names; Har per's Adm'r v. McVeigh'4 Adm'r, 82 Va. 751, 1 S. E. 193.