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ARTICLE 50

ARTICLE 50.

JOINT OBLIGATIONS AND JOINT TENANCY.

	Joint Obligations.	11. Executor and heirs bound.
	1. Death of joint obligor.	12. Failure to prove joint liability; judg-
	2. Institution of more than one suit.	ment.
	3. Death of joint obligor before suit	13. Judgment in actions ex delicto.
	brought.
	4. Death pending joint action.	Joint Tenancy.
	5. Death after judgment.
	6. Joint obligors residing in different	14. Must be expressly created.
	counties.
	7. Summons.	Interparty Agreements.
	8. Consolidation of actions.
	9. Execution against either defendant. .	15-20. Uniform Interparty Agreement Act
	10. Judgment against less than whole	as to conveyances, etc., made to
	number bound, effect of.	or by two or more persons, etc.

Joint Obligations.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. .1811, ch. 161, sec. 1.

1. Where two or more persons are jointly bound by bond, promissory
note or by any other writing, whether sealed or unsealed, to pay money or
do any other thing and one or more of such persons shall die, his or their
executors and heirs shall be bound in the same manner and to the same
extent as if the person so dying had been bound severally as well as jointly.

Will held to gratify requirements of this section so far as it applies. Will leaving
property in trust for children for life and upon death of last survivor in fee to grand-
children construed. Marshall v. Security Storage Co., 155 Md. 652.

Since act of 1811, ch. 161, separate actions cannot be maintained on a joint promissory
note. Pike v. Dashiell, 7 H. & J. 467. (See sec. 2.)

This section referred to as a removal of technical grounds of discharge. Zollickoffer
v. Seth, 44 Md. 378.

See sec. 3.

An. Code, 1924, sec. 2. 1912. sec. 2. 1904, sec. 2. 1888, sec. 2. 1825, ch. 167, sec. 1.

1837, ch. 211. 1870, ch. 329.

2. No person shall institute more than one suit on. a joint and several
bond, promissory note, penal or single bill when the persons executing the
same are alive and reside in the same county; and if more suits than one be
instituted on any such bond, promissory note, penal or single bill, judg-
ments of non pros, shall be entered against the plaintiff in such suits.

Proceeding for receivership by holder of joint note does not preclude subsequent
suit on note. Winakur v. Leibowitz, 173 Md. 252.

Cited in McLean v. Peyser, 169 Md. 7.

This section referred to in ruling that a joint and several note was admissible in
evidence in a suit against one of makers, there being no variance in such case. Wilson
v. Kelso, 115 Md. 169; Sharp v. State, 135 Md. 557.

Recovery may be had against one of obligors in a joint contract. If, however,
obligee elects to sue only one of obligors, he cannot afterwards sue another residing
in the same county on same instrument. (Citing 1 Poe, Pl. and Pr., sec. 382). Sharp
v. State, 135 Md. 557.

In view of art. 13, secs. 82, 48 and 87, this section does not apply to a suit against
an accommodation endorser. See notes to sec. 82 (art. 13). Bradley v. Food Products
Co., 139 Md. 387.