Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIV.
Executors how liable? - In a Process must they all concur, or have they Action pro rata?
- v. L Lag.
Date: 8 March 1634 Case No. No. 76.
Found, that one oi a number of executors conjunctly nominated, could hot sue alone.
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There being four executors conjunctly nominated by the defunct, and all the four obtaining licence from the Commissaries to pursue for the debts, albeit the testament was not confirmed; one of the four pursuing alone at his own instance, without concourse of the rest, and without inserting of their names in the pursuit, for registration of a bond of £.100 made to the defunct by the defender; it was found, that one executor of four nominated, (the licence being granted to all the four) could not alone seek this registration, except all the rest should either concur in the pursuit, or else should refuse to assist, and that they were excluded from their office; even as more tutors being conjunctly nominated, one of them could not assist the pupil's pursuit, without concourse of the rest, and such like in curators, whereof two or three were necessary, and were given sine quibus non, &c. one of these could notinsist in a pursuit without concourse of the rest, for the satisfying of this executor would not be an exoneration to the defender at the hands of the rest of the executors.
Clerk, Scott.
Fol. Dic. v. 2. p. 382. Durie, p. 710.
