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21 Va. 145

Carter v. Carr

Court of Appeals of Virginia

Decided December 8, 1820

Court of Appeals of Virginia · decided 1820-12-08

<p>The death of one of the demandants in a writ of right before trial, abates the whole writ.</p>

Decided 1820-12-08

To ave, Judge.*

¶1The court is of opinion the judgment of the Superior court is erroneous, in this, that it only abates the suit as to Elizabeth Tidball one of the demandants, when in consequence of her death before the trial, it ought to have been abated as to them all, *149The judgment is therefore reversed with costs, and the court is of opinion that the writ aforesaid should be abated.

¶2 Cabell absent.

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