Sanders' Heirs v. Buskirk

The only question in this case, is whether, when it apPeared from an entry made on the order book by consent, that one of a plurality of joint demandants in a writ 0f right, had died during the pendency of the suit, the Circuit Court, whilst the case was still pending there, had a right, ex officio, to abate the writ?

And this question we consider as rightly and authoritatively settled in the affirmative in the case of Gaines vs. Conn’s Heirs, 2 Dana, 231.

Wherefore, the judgment abating the writ in consequence of the death of one of the demandants must be affirmed.