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Scottish Court of Session Decisions >>
Earl of Morton v The Duke. [1557] Mor 14685 (11 April 1557)
URL: http://www.bailii.org/scot/cases/ScotCS/1557/Mor3314685-068.html Cite as:
[1557] Mor 14685
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIV.
Executors how liable? - In a Process must they all concur, or have they Action pro rata?
Earl of Morton v. The Duke
Date: 11 April 1557 Case No. No. 68.
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If there be divers and sundry executors, one of them cannot be called or pursued without the rest, except the rest be deceased, and an executor allenarly living, because he is in place of all them that are deceased; and any one of them may not pursue without the remainder.
Balfour, No. 7. p. 220.*** Maitland reports this case:
Anent the action pursued by the Earl of Morton as executor to his father, against my Lord Duke, it was alleged by the said Duke, that the said Earl might not pursue as executor foresaid, because there were more executors confirmed in the testament, without whom the Earl might not pursue alone; which allegeance of the Duke was admitted by the Lords.
