Seaman v. Slater

Whether the deceased defendant was a partner or a tenant in common with the surviving defendant the action cannot be revived against the representatives of the decedent so as to proceed against them and the survivor jointly, because there cannot be a judgment against one de bonis teslatoris and against the other de bonis propriis. If, as would seem to bo the case, the liability of the original defendants upon the cause of action alleged in the complaint is a *486joint'and not a joint aind several liability, the remedy of plaintiff, as against the representatives of the decedent, is in equity,…