Supreme Court of Alabama January 15, 1839 (Williams v. Sims)

COLLIER, C. J.

— Th¿ questions for our decision, are presented by the pleadings, and are—

1. Was it incumbent on the defendants in error, to join all who had qualified as executors 1 or,

2. Did the non-residence of Cavat relieve them from the necessity of joining him as a party to the action, with his co-executors ?

1. If a man appoint several persons his executors, and.