All joint obligations and promises are made joint and several, and the debt or obligation shall survive against the heirs and personal representatives of deceased obligors as well as against the survivors, and suits may be brought and prosecuted on the obligations and promises against all or any part of the original obligors, and all or any part of the representatives of deceased obligors, as if such obligations and assumptions were joint and several.
Code 1858, § 2789 (deriv. Acts 1789, ch. 57, § 5); Shan., § 4486; Code 1932, § 8613; T.C.A. (orig. ed.), § 20-108.
Cross-References. Joinder of persons needed for just adjudication, Tenn. R. Civ. P. 19.
Permissive joinder of parties, Tenn. R. Civ. P. 20.
Service on joint obligor, §20-2-109.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 738.
Tennessee Jurisprudence, 5 Tenn. Juris., Bonds, § 15; 12 Tenn. Juris., Executors and Administrators, § 92; 20 Tenn. Juris., Parties, § 6; 20 Tenn. Juris., Partnership, § 52; 22 Tenn. Juris., Rescission, Cancellation and Reformation, § 36.
Law Reviews.
Permissible Joinder, Counterdeclarations and Crossbills: The Tennessee Procedure (Larry S. Banks), 37 Tenn. L. Rev. 401.