Joint

Joined; united; done by or against, or shared between, two or more persons in union.8 Compare Co, 3.

Cavendish v. Cavendish, 1 Brown, Ch. *46S (1785). 'Hamaley v. Leland, 43 N. Y. 641 (1871): 4 Hand, 539. ' Commonwealth v. Stephens, 14 Pick. 373 (1833), Shaw, C. J. * Eobbins v. Eobertson, 33 F. E. 710 (1888). 'Steward 11. Winters, 4 Sandf. Ch. *590 (1847): Webster's Dict„; L. E., 7 P. C. 104. See 1 Chitty, PI., 16 Am. ed., 53; Prunty u Mitchell, 76 Va. 170 (1882).

Joint and seval. Said of an obligation in which all the obligees are to be held either collectively or as individuals. Compare Sole. As, a joint, or a joint and several — action or suit, bond, contract or covenant, interest, obligation; a joint — administration, executor or trustee, adventure, creditor, debtor, indictment, judgment or decree, life, party, tenant, trespass, stock company, qq. v. Parties are not said to be joint merely because tbey areconnected in an interest which is common to them both: they must be so connected as to be in some measure identified. They have not several and respective shares which being united make a whole; but these together constitute one whole, which, whether it be an interest or an obligation, belongs to all. Hence arises an implied authority to act for each other.' A joint and several contract contains distinct engagements—that of each contractor individually, and that of all jointly; and different remedies may be pursued upon each. In co-partnerships there is no such several liability. Every contract for a joint loan is in equity deemed, as to the borrowers, a joint and several contract — the larger security.' Even without satisfaction, a judgment against one of two or more joint contractors is a bar to an action against the others, within the maxim transit in rem jvdicatam; the cause of action being changed into a matter of record, which has the effect of merging the inferior into the higher remedy.' " A covenant is to be construed as joint or several according to the interests of the parties appearing upon the face of the obligation, if the words are capable of such construction; but it will not be construed as several by reason of several interests, if it be expressly joint."' Where the obligation is joint and several, the obligee may elect to sue the obligors jointly or singly. Hence, if he obtains a joint judgment, he cannot then sue the obligors separately — the contract being merged into a judgment; nor can he maintain a joint action after a recovery in a separate action against one party.' If one of two joint obligees (sureties) dies before the principal, his representative cannot be charged — the obligee having elected to take a joint judgment at law or a joint and several obligation. Equity can give relief only when the joint obligation does not express the meaning of the parties.'

See Reform. ' 1 Pars. Contr. 21. ! Mason v. Eldred, 6 Waa 235-11 (1867), cases. ' 1 Story, Eq. § 163. "United States v. Ames, 99 U. S. 41 (1878), oases. "Fami v. Tesson, 1 Black, 315 (18G1): Parke, B.; Calvert V. Bradley, 16 How. 596 (1833); Seymour v. Westem B. Co., 106 U. S. 331 (1882), cases.

Sessions v. Johnson, 95 U. S. 347-48 (1877), cases. 'United States v. Price, 9 How. 91-95 (1850), cases; Persons engaged in committing the same trespaai are joint and several trespassers. Like joint and several contractors, all, or one, may be sued in one action. Where more than one is sued, they may sever in their pleas, and the juiy may find several verdicts. But the acceptance of any one verdict is a satisfaction of all the others, except as to costs, and is a bar to another action.' See Contribution. Before the Supreme Court, where the judgment or decree is joint, all the parties against whom it is rendered must join in a writ of error or an appeal, in order, first, that the successful party may enforce the judgment or decree against the parties who do not desire a review; second, that the same question on the same record may be decided at the hearing. The parties non-assenting to the review maybe severed. The party whose interest is affected by the alleged error may carry up the case alone, by sununona and severance.

Joint-debtor Acts

In most of the States legislative acts have been passed, called Joint-debtor Acts, which, as a substitute for outlawry, provide that if process be issued against several joint-debtors or partners, and served on one or more of them, and the others cannot be found, the plaintiff may proceed against those served, and, if successful, have judgment against all. Such judgments are generally held to bind the common property of the joint-debtors, as well as the separate property of those served with process; and, while they are binding personally on the former, they are regarded as either not personally binding at all or only prima facie binding on the latter.* JOINTirilE.

1.

Originally, an estate limited to both husband and wife; but in common acceptation extends also to a sole estate limited to the wife only, and made in satisfaction of her whole dower. In the latter sense, as defined by Lord Coke, " a competent livelihood of freehold for the wife, of lands and tenements; to take effect, in profit or possession, presently after the death of the husband, for the life of the wife at least." s One mode of barring the claim of a widow to dower is by settling upon her an allowance previous to marriage, to be accepted by her in lieu thereof. This is called a jointure.' ' Love joy v. Murray, 3 Wall. 10 (1865); The Atlas, 93 U. S. 315 (1876); Sessions v. Johnson, 95 id.

348 (1877). Masterson v. Hemdon, 10 Wall. 416 (1870). s Simpson v. Greeley, 20 Wall. 157 (1873), cases; Hanrick V. Patrick, 119 U. S. 163 (1886); 121 id. 632. Hall V. Lanning, 91 U. S. 108 (1875), Bradley, J. See generally 36 Alb. Law J. 215-49, 265-69 (1887), cases. 2 Bl. Com. 137: 1 Coke, Inst. 36. 1 Washb. R. P. Ch. VHI.

See also Grogan v. Garrison, 27 Ohio St. 60 (1875); Vance v. Vance, 21 Me. 364 12 Although once common in England, of little moment since the Dower Act of 3 and 4 Wm. IV (183S), 0. 105, placed the subject of the wife's dower under the control of the husband in all cases where special provision is not made in her favor; which is usually done by marriage settlements.

See Settle, 4.

Jointures, where recognized, are legal or equitable in nature, and may be made before or after marriage. They have been regulated largely bj' the statute of 87 Hen. vni (1636), c.

10,— the Statute of Uses." See Use, 3, Statute, etc. 3.

An estate in joint-tenancy.