360 JOINT OBLIGATIONS AND JOINT TENANCY. [ART. 50.

ARTICLE L.

JOINT OBLIGATIONS AND JOINT TENANCY.

Joint Obligations. 1. Death of joint obligor. 2. Institution of more than one suit. 3. Death before suit brought 4. Death pending joint action. 5. Death after judgment. 6. Joint obligors residing in different counties. 7. Summons 8. Consolidation of actions.

9. Execution against either defend- ant. 10. Judgment against less than the whole number bound, effect of. 11 Executor and heirs bound. 12 Failure to prove joint liability; judgment. Joint Tenancy. 13. Must be expressly created.

Joint Obligations.

P G L , (1860,) art. 49, 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 un-
sealed, 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.

Preston v. Preston, 1 H & J 366. Dorsey v. Dorsey, 2 H. & J. 480 (note a).
Pike v. Dashiell, 7 H & J 466. Osgood v. Spencer, 2 H. & G 133. Waters v.
Riley, 2 H & G. 305. Zolhckoffer v.. Seth, 44 Md 359.

Ibid sec. 2. 1885, ch. 167, sec. 1. 1837, ch 211. 1870, ch. 829.

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

Wall v. Wall, 2 H. & G. 79. Blizzard s Jacobs, 3 G & J 66 Slater v. Ma-
graw, 12 G & J. 265. Merrick e Bank of Metropolis, 8 Gill, 64. State v.
Wheeler, 14 Md. 108. Kent v. Holliday, 17 Md. 393.