1 Tapp. Rep. 235
Columbiana County Court of Common Pleas
Decided December 15, 1817
Columbiana County Court of Common Pleas · decided 1817-12-15
Debt in the debet, and detinet on a joint obligation executed to the plaintiff by the defendant, Dickey and Glasgow deceased. The plaintiff declared against Dickey, as surviving obligor, and against Dickey and Gaston as executors of Glasgow.
Decided 1817-12-15
¶1This declaration cannot be supported; you cannot charge an executor in the debet and detinet, for it is not his debt, but that of the testator; neither can you join a defendant in his own right, with an executor who defends in another right, for the same .judgment is not to be rendered against both; the first is answerable de bonis propriis, the latter de bonis testatoris only.
¶2Demurrer sustained.