
    CONSTITUTIONAL COURT, COLUMBIA,
    DEC., 1814.
    (Present — Judges John Fauchereaud Grimke, Elihu Hale Bay, Joseph Brevard, William Smith, Abraham Nott, and Charles Jones Colcook, Esquires.)
    David B. Mitchell v. John Darricott.
    The words, “jointly and severally,” in a bond, must be construed distributively, so as to apply as well to the obligors, as to their heirs ; “ we bind ourselves,” makes them joint obligors ; “ we bind our heirs, executors, and administrators,” binds them jointly; and “ we bind each and every of them,” binds them severally.
    Motion to reverse the decision of the Circuit Court of Abbeville district, Judge Smith, presiding.
    Debt on a bond given by defendant and two others. Defendant pleaded in abatement, that the obligation wasjoint, a.nd not several, and that all the obligors ought to have been sued jointly. Demurrer and joinder. The words of the bond, upon oyer, appeared to be, “ we bind ourselves, our heirs, executors, and administrators, and each and every of them, jointly and severallyJudgment was given for the defendant. The Circuit Court being of opinion the obligation was joint, and not several, as to the obligors themselves.
    24th Nov., 1814.
    Alexander Bowie argued in support of the motion.
    The question must be determined by the rules of grammar. What is the meaning of the adverbs, jointly and severally ? What are their office? It, is to qualify the verb ; to limit and extend its meaning and application. The whole sentence must be taken fogether, and its meaning collected from all the words. The adverbs, jointly and severally, apply to every part of the sentence. The obligors are bound jointly and severally; so their heirs; so their executors, &c.
    Yancey, contra.
    Jointly and severally apply only to administrators, and executors, and heirs. The obligors are only bound jointly, not severally. This is evident from the word “ ourselves,” which applies to them. The words, each and every of them,” cannot be meant of the obligors, but only of their heirs. “ Jointly and severally,” apply to each apd every of them.
   Per curiam.

The words, “jointly and severally,” must be construed distributively, so as to apply as well to the obligors as to their heirs. There seems to be no reason why the parties to the contract should have intended a distinction between themselves and tbeir heirs, as to the manner of being bound. “. We bind our. se^ves»” makes them joint obligors. “ We bind our heirs, execu. tors, and administrators,” binds them jointly. “ We bind each and every of them,” binds them severally, “ Jointly and severally,” apply to all the parties bound, and appear to have been added in order to express an intention so to bind, as well the obligors, as each and every of their heirs. “ We bind ourselves, jointly and severally; we bind our heirs, and each of them, jointly and severally,” &c.

Note. See 2 Bay’s Reps, 447, Carter v. Carter. 16 Vin, Abr. 56. 5 Bac. Abr. 164, Guilt.

Motion granted.  