IN SOLIDO


A term used in the civil law, to signify that acontract is joint.2. Obligations are in solido, first, between several creditors;secondly, between several debters. 1. When a person contracts theobligation of one and the same thing, in favor of several others,each of these is only creditor for his own share, but he maycontract with each of them for the whole when such is the intentionof the parties, so that each of the persons in whose favor theobligation is contracted, is creditor for the whole, but that apayment made to any one liberates the debtor against them all. This is called ***solidity of obligation***. Poth. Obl. pt. 2, c. 3, art. 7.The common law is exactly the reverse of this, for a generalobligation in favor of several persons, is a joint obligation tothem all, unless the nature of the subject, or the particularity ofthe 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 thedebtors, when each of them is obliged for the whole, but sothat a payment made by one liberates them all. Poth. Obli. 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.