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Borthwick v Douglas. [1566] Mor 14686 (1 February 1566)
URL: http://www.bailii.org/scot/cases/ScotCS/1566/Mor3314686-070.html Cite as:
[1566] Mor 14686
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?
Borthwick v. Douglas
Date: 1 February 1566 Case No. No. 70.
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In an action moved by Michael Borthwick, as executor to———, against Elibabeth Douglas, Lady Elphinston, it was objected, That there was another executor than the said Michael within the said jurisdiction in life, and so the said Michael could not pursue alone. It was answered, That one of many executors may pursue, for that is to follow the will of the deed, albeit that many cannot be compelled to answer without the rest of the executors be called; at least one of more executors may pursue for their own part, as one of three for the third part. It was found by the Commissaries, that one of many executors no way may pursue, yea, not for the part of the debt which they will get by their office.
