1884 ARTICLE 50.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1825, ch. 167.

11. If any joint defendant in an action ex Contractu dies either before
or after judgment, his executor and heirs shall be bound in the same
manner as if a separate action had been pending or a separate judgment
been rendered against such defendant.
See secs. 4 and 5.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1888, ch. 482.

12. In suits brought against alleged joint debtors in actions ex Contractu
it shall not be necessary for the plaintiff to prove their joint liability as
alleged in order to maintain his action; but he shall be entitled to recover
as in actions ex delicto against such one or more of the defendants as shall
be shown by the evidence to be indebted to him; and judgment shall be
entered in his favor against such one or more of said defendants as fully
as if the defendant or defendants against whom he shall fail to establish
his claim had riot been joined in the suit.

When plaintiff's claim is established against only one of the two or more joint
defendants, the verdict and judgment should be for plaintiff as against the one
defendant and for the other defendants. Horner v. Plumley, 97 Md. 281. See also
Boyd v. Wolff, 88 Md. 342.

Prior to adoption of this section in a suit against husband and wife under act of
1872, ch. 270, although wife maintained her defense, judgment might be entered
against husband. Wilmer v. Gaither, 68 Md. 349.

This section applied. Meyer v. Frenkil, 113 Md. 46; Westheimer v. Craig, 76 Md.
407.

Joint Tenancy.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 13. 1822, ch. 162.

13. No deed, devise or other instrument of writing shall be construed
to create an estate in joint tenancy, unless in such deed, devise or other
instrument of writing it is expressly provided that the property thereby
conveyed is to be held in joint tenancy.

Application of this section.

This section inverts rule of common law. It has no application to tenancy by
entireties. Brewer v. Bowersox, 92 Md. 572; Marburg v. Cole, 49 Md. 412; Masterman
v. Masterman, 129 Md. 170.

This section applied. Walsh v. McBride, 72 Md. 60 (dissenting opinion); McPher-
son v. Snowden, 19 Md. 230; Purdy v. Purdy, 3 Md. Ch. 552.

This section held to have no application to devises or grants made to trustees for
the benefit of third parties. Gray v. Lynch, 8 Gill, 424.

This section held to have no application, because a joint tenancy was not created.
Craft v. Wilcox, 4 Gill, 506. See also Fladung v. Rose, 58 Md. 20; Moody v. Elliott,
1 Md. Ch. 290 (involving a will); Purdy v. Purdy, 3 Md. Ch. 552.

Generally.

Tenancies in common, joint tenancies and estates in coparcenary, distinguished.
Gilpin v. Hollingsworth, 3 Md. 194.

Requisites of joint tenancies. They are viewed with disfavor. Chew v. Chew, 1
Md. 171.

Husband and wife may become joint tenants where the deed expressly so pro-
vides. Fladung v. Rose, 58 Md. 20.

This section referred to by way of example. Preston v. Clabaugh, 90 Md. 709.

Prior to the adoption of this section the law was to the contrary. Hannon v.
Towers, 3 H. & J. 149. And see Mayburry v. Brien, 15 Pet. 37.

Cited but not construed in Lannay v. Wilson, 30 Md. 552.
1 As to partition of property among co-owners, see art. 16, sec. 152.