Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XIII.
Heirs Portioners, whether liable in solidum or pro rata?
George Brown of Horne v. theLady Ballegarno
Date: 25 June 1680 Case No. No. 63.
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A reduction of a Sheriff's decreet decerning her to pay a sum contained in her father's bond, on this head of injustice, that she was but one of two sisters heirs-portioners, and yet was decerned for the whole. Answered, She had the whole estate, the one half as heir of line, and the other by a disposition from her father, and so was as his heir of tailzie and provision, and her sister had only a bond of provision in satisfaction of all she could crave. Yet the Lords reduced, and found the second sister ought to be also called and discussed, in case there were any thing whereto she might succeed as heir of line.
