3 N.C. 291
Decided December 5, 1803
Scike Facias against Heiii — Rights or Innocent Vendee. A scire facias issued against an heir to have execution of the lands of the deceased, but before the scire facias issued the heir sold the lands, and it was held that the purchaser from the heir might, in the name of the heir, be permitted to plead to the scire facias that the executor had assets.
Decided 1803-12-05
¶1 The seller impliedly gave power to the vendee to plead such pleas in his name as were necessary for the defense of the land; and should a plea he now put in by Arrington in the name of the vendor, I would not consent to strike it out.
¶2 Whereupon Arrington put in the plea of personal assets in the hands of the executor, enough to satisfy the judgment. And he put in the name of the vendor in open court