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Scottish Court of Session Decisions >>
Scot v Hart. [1642] Mor 14681 (24 January 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor3314681-061.html Cite as:
[1642] Mor 14681
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIII.
Heirs Portioners, whether liable in solidum or pro rata?
Scot v. Hart
Date: 24 January 1642 Case No. No. 61.
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Umquhile William Hart, being obliged to pay Scot the sum of £.77 for furnishing of aliment and clothes to the said William, and his bond being registrated against one of the two daughters, and heirs of the said William reserving her defences against the execution; whereupon the daughter being charged, she suspends that she was but one of the two heirs, and her other sister should be convened, who was co-heir. It was answered, that she who was convened, ought to be convened in solidum, in respect the other sister was a poor woman, non solvendo, likeas the other sister disponed all her right which she had to her father's lands, in favours of this sister, which was convened; which reply the Lords sustained, to make this sister liable on solidum, for the whole debt, seing also it was a matter but of a mean consequence; but here both the sisters would appear necessary to have beenconvened in the process, as representing the defunct, who was debtor, and who cannot be represented by any one of the two, and who being both convened, might have been heard to dispute, why the one should pay all, and the other be freed.
Clerk, Scot.
Fol. Dic. v. 2. p. 381. Durie, p. 888.
