in solido

1 definition found

in solido - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  IN SOLIDO. A term used in the civil law, to signify that a contract is 
  joint. 
       2. Obligations are in solido, first, between several creditors; 
  secondly, between several debtors. 1. When a person contracts the obligation 
  of one and the same thing, in favor of several others, each of these is only 
  creditor for his own share, but he may contract with each of them for the 
  whole when such is the intention of the parties, so that each of the persons 
  in whose favor the obligation is contracted, is creditor for the whole, but 
  that a payment made to any one liberates the debtor against them all. This 
  is called solidity of obligation. Poth. Ob. pt. 2, c. 3, art. 7. The common 
  law is exactly the reverse of this, for a general obligation in favor of 
  several persons, is a joint obligation to them all, unless the nature of the 
  subject, or the particularity of the expression lead to a different 
  conclusion. Evans' Poth. vol. 2, p. 56. See tit. Joint and Several; Parties 
  to action. 
       3.-2. An obligation is contracted in solido on the part of the 
  debtors, when each of them is obliged for the whole, but so that a payment 
  made by one liberates them all. Poth. Ob. pt. 2, c. 3, art. 7, s 1. See 9 
  M. R. 322; 5 L. R. 287; 2 N. S. 140; 3 L. R. 352; 4 N. S. 317; 5 L. R. 122; 
  12 M. R. 216; Burge on Sur. 398-420.