Scottish Court of Session Decisions

Subject_1 SOLIDUM ET PRO RATA.
Subject_2 SECT. VII.

If any of the correi prove insolvent. - When several Persons have been found liable in solidum, whether passing at the Bar from one of them extinguishes his Part of the Obligation, or if it falls on the rest.

Lamberton
v.
Earl of Annandale

1683. February.
Case No. No. 33.

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By a clause of relief in a bond, my Lord Annandale, Lamberton, and four more, bound therein as co-principals to Craigiehall, being obliged to relieve each other for their own part, without the taxative word allenarly, and Lamberton having, upon distress, paid the debt, pursued my Lord Annandale to relieve him of the half of the debt.

Alleged for the defender: That he could be liable only for a sixth part, they being obliged to relieve him pro rata.

Answered: The other four correi debendi being absolutely bankrupt, the pursuer, who paid the whole debt, ought to be relieved of the half by the defender.

The Lords, in respect of the notour insolvency of the other four co-principals, decerned the defender to pay half of the whole debt.

Fol. Dic. v. 2. p. 379. Harcarse, No. 239. p. 57.