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Anderson of Dowhill v Blackwall and Stirling. [1680] Mor 3354 (15 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor0803354-010.html Cite as:
[1680] Mor 3354
Relief among Co-debtors, and whether the Creditor, upon payment, is bound to assign in order to operate relief.
Anderson of Dowhill v. Blackwall and Stirling
Date: 15 July 1680 Case No. No 10.
Two persons being found liable, in soildum, to pay a fine, the Lords decerned the creditor, upon payment by one, to assign against the other for the one half, because without such assignation the law does not furnish relief betwixt the correi, who are liable ex delieto.
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The criminal Lords in July 1673, in the case betwixt the Magistrates of Aberdeen and Francis Irvine of Hilton, found malefactors that were not effractores carcerum, but came out in women's clothes, were only liable for an arbitrary punishment at most. The Lords found them both liable in solidum to pay the said fine of 10,000 merks, and decerned each of them to be assigned to the half, that so they might relieve one another proportionally, because without this assignation, the law will furnish no relief where they are liable ex delicto per 1. 46. D. de regulis juris.
