Webb v. Mallard

The jury were instructed by the court that if A. F. Mallard, the defendant in execution, died after the judgment was rendered against him, and before the order of sale was issued by the clerk, it could not he enforced by a sale of the negro in this proceeding, and if such was the fact, that they should find for the claimant, and that it would- he unnecessary *83for them to inquire into the other points in the case. The decisions of the different American courts as to the effect of the death of the defendant in execution, previous to its being issued, seem to be quite conflicting. In Missouri,…