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Scottish Court of Session Decisions >>
A. v B. [1633] Mor 14680 (16 November 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor3314680-059.html Cite as:
[1633] Mor 14680
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIII.
Heirs Portioners, whether liable in solidum or pro rata?
A v. B
Date: 16 November 1633 Case No. No. 59.
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Two daughters, apparent heirs portioners to their father, are pursued by their father's creditor for payment of a debt. One of the daughters renounces. The other, being pursued for the whole debt, alleges, she being but apparent heir to the half, cannot be pursued but for the half, and the creditor may seek adjudication for the other half renounced by her sister. To which it was answered, that her sister renouncing, the whole debt would fall to her who had not renounced; and so she ought to be subject to the whole debt in solidum. To which it was duplied, That the renunciation made by her sister was only profitable to the creditor and chargers, and made not the half of the heritage renounced to accresce to her other sister, for there was no such form of succession:—Which exception and duply the Lords found relevant.
