Tompkies v. Walters

Decided April 15, 1806

Court of Appeals of Virginia · decided 1806-04-15

In ejectment the district court gave judgment for the defendant; and the plaintiff appealed to this court. Pending the appeal here, the appellee died; and now Warden, for the appellant, prayed a writ of scire facias against the heirs of the decedent, insisting that there was no difference, in this respect, between an ejectment and any other action.

Relies on Tapscott v. Cobbs

Decided 1806-04-15

¶1[April, 1806.]

¶2Ejectment* — 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.

¶3But the court refused the writ, saying that the plaintiff must bring a new suit.

¶4Ejectment. — See monographic note on “Ejectment” appended to Tapscott v. Cobbs, 11 Gratt. 172.

¶5Appeals. — See monographic note on “Appeals.”