¶1Where the defendant dies, there must be a sci. fa. against the executors to make them parties. But where the plaintiff dies, there needs no sci.fa., for the defendant is continued in court two terms by the act of 1786, ch. 14, and 1789, ch. 57, sec. 7; and the executors may come in and pray to be admitted to prosecute, and the Court will permit them to do so without any process.
¶2Cited: Spencer v. Cahoon, 14 N.C. 81; Hobbs v. Bush, 19 N.C. 511;Collier v. Bank, 21 N.C. 331.