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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Semple v M'Neish. [1630] Mor 14717 (17 March 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3314717-118.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?

Semple
v.
M'Neish

Date: 17 March 1630
Case No. No. 118.

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Two executors confirmed having obtained decree against a debtor, decerning him to pay to them, but not conjunctly and severally; each of them can only discharge his own half; so that one of their discharges, upon payment of the whole, was only sustained for his own half.

Fol. Dic. v. 2. p. 387.

*** This case is No. 75. p. 2739. voce Competent.

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/Mor3314717-118.html