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 >>
Sir Thomas Nicolsone's Lady v Naper's Heirs Portioners. [1665] 2 Brn 422 (20 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020422-0698.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Sir Thomas Nicolsone's Lady v. Naper's Heirs Portioners
Date: 20 December 1665
Click here to view a pdf copy of this documet : PDF Copy
Sir Thomas Nicolsone's lady, now Lady Prestoun, being provided to the annualrent of L.20,000 by her first husband, named Laper, or Naper, and convening the heirs portioners of her husband to pay it; Alleged, that they being heirs portioners, could not each one be liable in solidum, but only pro æqua parte.
Answer,—They behoved to be bound in solidum, at least in quantum lucrati sunt by their wives, who are heirs portioners served and retoured to their brother.
The Lords found the heirs portioners ought to be discussed once; and if they be insolvent, then to recur against the rest in quantum lucrati sunt.
