Debt on a promissory note payable to the plaintiffs. The declaration states that the note was executed by Cooper (the defendants’ testator) and one Farmer, by the name and style of Cooper & Farmer; that Farmer died and Cooper survived him; that Cooper afterwards died, leaving the defendants his executors. Breach, that Cooper and Farmer had not, nor had either of them, paid the note; nor had the defendants or either of them paid, &c. General demurrer to the declaration, and judgment for the defendants.

The appellee's contend that the non-payment by the representatives of Farmer should havé been averred. This *363objection is founded on the statute, which makes the representatives of a deceased joint obligor as liable as if the obligation had been joint and several; Rev. Stat. 1838, p. 358. A sufficient answer to this objection is — that it does not appear by the declaration that there are any legal representatives of Farmer; nor is it to be presumed that there áre any such representatives; If there are any, and they have paid the note, the deféndants can show those facts by their plea.

The judgment is reversed' with costs. Cause remanded, &c.