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
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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.
