ART. 50] JOINT OBLIGATIONS AND JOINT TENANCY. 1355

ARTICLE L.

JOINT OBLIGATIONS AND JOINT TENANCY.

Joint Obligations. 1. Death of joint obligor. 2. Institution of more than one suit. 3. Death of joint obligor before suit brought. 4. Death pending joint action. 5. Death after judgment. 6. Joint obligors leslding in differ- ent 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.

1888, art. 50, sec. 1. 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
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.

Preston v. Preston, 1 H. & J. 366. Dorsey v. Dorsey, 2 H. & J. 480,
(note a). Pike v. Dashiell, 7 H. & J. 406. Osgood v. Spencer, 2 H. & G.
133 Waters, v. Riley, 2 H. & G. 305. Zollikoffer v. Seth, 44 Md. 359.

Ibid. sec. 8. 1860, art. 49, 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, judgments of
nan pros, shall be entered against the plaintiff in such suits.

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

Ibid sec. 3. 1860, art. 49, sec. 3. 1825, ch. 167, sec. 2.

3. If a joint obligor be dead when the suit is brought his
representative may be sued.