1 Va. 145
Decided December 15, 1820
Court of Appeals of Virginia · decided 1820-12-15
This was a writ of right brought by a great number of demandants, consisting of all the children of John Carter of Sudley, among whom were Elizabeth Tidball; all the children of Robert Carter who was a son of John ; and the children of Edward, and the grantees and devisees of Landon Carter, against Joseph Carr the tenant. The mise was joined on the mere right: and a Jury was sworn in conformity with the statute to try the mise.
Decided 1820-12-15
¶1The court is of opinion the judgment of the Superior court is erroneous, in this, that it only abates 1he suit as to Elizabeth Tidball one of the de-mandants, when in consequence of her death before the trial, it ought to have been abated as to them all. *The judgment is therefore reversed with costs, and the court is of opinion that the writ aforesaid should be abated.
¶2 A is l'J nr, aoseni,.