BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
George Brown of Horne v theLady Ballegarno. [1680] Mor 14682 (25 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3314682-063.html Cite as:
[1680] Mor 14682
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIII.
Heirs Portioners, whether liable in solidum or pro rata?
George Brown of Horne v. theLady Ballegarno
Date: 25 June 1680 Case No. No. 63.
Click here to view a pdf copy of this documet : PDF Copy
A reduction of a Sheriff's decreet decerning her to pay a sum contained in her father's bond, on this head of injustice, that she was but one of two sisters heirs-portioners, and yet was decerned for the whole. Answered, She had the whole estate, the one half as heir of line, and the other by a disposition from her father, and so was as his heir of tailzie and provision, and her sister had only a bond of provision in satisfaction of all she could crave. Yet the Lords reduced, and found the second sister ought to be also called and discussed, in case there were any thing whereto she might succeed as heir of line.
