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Halliday v Halliday. [1617] Mor 14687 (20 February 1617)
URL: http://www.bailii.org/scot/cases/ScotCS/1617/Mor3314687-072.html Cite as:
[1617] Mor 14687
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?
Halliday v. Halliday
Date: 20 February 1617 Case No. No. 72.
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In an action pursued by Halliday against Halliday, upon the old dative ad omissa, the Lords admitted this exception for the one half, that there being two executors confirmed, the one who had intromitted with the just half was deceased, and so the other could not be pursued for the whole.
Fol. Dic. v. 2. p. 382. Kerse MS. p. 133.
*** A similar decision was pronounced in the case of Peacock against Peacock, 16th July, 1628, No. 26. p. 2189. voce Citation.
