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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ker. v Limpidlaw. [1630] Mor 14717 (2 February 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3314717-117.html

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[1630] Mor 14717      

Subject_1 SOLIDUM ET PRO RATA.
Subject_2 SECT. XIX.

Upon a Decree against several, if each can be charged in solidum? - Can two creditors conjoined in a Decree, charge in solidum?

Ker
v.
Limpidlaw

Date: 2 February 1630
Case No. No. 117.

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A decreet bearing in the narrative, that the persons against whom the same was obtained, were bound conjunctly and severally to pay the sum, and in that conclusion decerning the said persons to pay the said sum; it being suspended at the instance of the said persons, alleging that each one of them should pay but their own parts, in respect they are only decerned conjunctim; the Lords found, that the conclusion of the summons should be ruled by the antecedent.

Fol. Dic. v. 2. p. 387. Auchinleck MS. p. 58.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3314717-117.html