Davis v. Ball

WELCH, V. C. J.

This appeal presents the question of whether the trial court erred in its refusal to revive a pending action in the names of the heirs at law of the deceased defendant, and in its dismissal of the cause.

Plaintiffs sued Jesse R. Ball to quiet title to real estate. The cause was tried to the court and taken under advisement. Thereafter said defendant, Jesse R. Ball, died. Shortly after one year had elapsed since his death, his heirs, defendants in error here, filed their motion to dismiss for failure to revive. Thereupon, plaintiffs filed their motion to substitute said heirs as…