1778-10-29 (static/transcriptions/1778/10/015.jpg)

1778. 4 Term. Thursday Oct. 29.

Mr. Tilghman. In support of the Rule. I hope this Rule will be made absolute. If the Bond had been joint alone, I admit an action might have been maintain’d against the survivor alone, because the debt survives, but I contend that this being a Bare authority must be precisely pursued, and that less is done, he has authority to confess for two and he confesses for One only. In Cohit. 52&c and the distinction between a bare authority and an authority coupled with an Interest is observ’d and there the case is put of a power of Attorney to deliver Seizin of White-Acre and Black-Acre, if White-Acre alone is deliver’d, the Livery of Seisin is void.