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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Countess of Sutherland v Cuthbert. [1776] 5 Brn 439 (24 February 1776)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 EXPENSES.
Date: Countess of Sutherland
v.
Cuthbert
24 February 1776 Click here to view a pdf copy of this documet : PDF Copy
A decreet for expenses, in common cases, does not bind each defender in solidum, unless the words conjunctly and severally are added. But where two persons concur in bringing an action, upon the same medium, and with the same conclusion, they are liable in expenses in solidum, even although the words conjunctly and severally are not added. This would hold particularly in a process of ranking and sale; for it never could be pretended that one part of the process applied to one creditor, and another part to another.
The electronic version of the text was provided by the Scottish Council of Law Reporting