Hay v. Fowler

1 How. Pr. 127

Opinion

Beardsley, Justice.

The law appears to be well settled than an execution tested before the death of the party, although issued afterwards, is regular. Here the defendant died in vacation of October term, and execution was issued before January term, and tested of October term, which was prior to his death. It must be held regular.

Decision.—Motion denied, with costs.