Tompkies v. Walters

6 Va. 44

Opinion

[April, 1806.]

Ejectment* — Appeals—Death of Appellee Pending:— Right to Scire Facias against Heir. — If, in ejectment, judgment he given for the defendant, and the plaintiff appeals : pending which, the appel-lee dies, the appellant cannot sue a scire facias against his heirs.

But the court refused the writ, saying that the plaintiff must bring a new suit.

Ejectment. — See monographic note on “Ejectment” appended to Tapscott v. Cobbs, 11 Gratt. 172.

Appeals. — See monographic note on “Appeals.”