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Dickson v Turner and Rutherford. [1697] Mor 14632 (24 December 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor3314632-010.html Cite as:
[1697] Mor 14632
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. III.
Indivisible Prestation.
Dickson v. Turner and Rutherford
Date: 24 December 1697 Case No. No. 10.
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The question was about a man whom Ker of Cavers had hired to be his levy-man, to be sent to Flanders, anno 1694, whom afterwards the parish of Abbotrule took on, and put out as their man, and forced Cavers to conduce with another to be his militia man, and pay him £.10 Sterling; so he pursues them for refunding the damage. Alleged, There were eighteen contributors to furnish the soldier; and we ought not to be singled out but only pro rata, for our proportion, which we are willing to pay. Answered, Obligations consisting in faciendo are indivisible, et omnes correi in that case tenentur in solidum, and you may have your relief against the rest. The Lords found in præstatione facti, such as the delivery of a soldier, all were liable in solidum, reserving their relief as accords against the rest of the contributors for their fractions.
Fol. Dic. v. 2. p. 378. Fountainhall, v. 2. p. 805.
