BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
David Oswald v James Somervel. [1635] Mor 14682 (00 December 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor3314682-064.html Cite as:
[1635] Mor 14682
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIII.
Heirs Portioners, whether liable in solidum or pro rata?
David Oswald v. James Somervel
1635.
December. Case No. No. 64.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found, That one of two of heirs-portioners having renounced, the other could not be liable for the predecessor's debt in solidum, but only pro rata;and that the creditor behoved to do diligence against the estate for the half of his debt.
