Court of Appeals of Kentucky April 24, 1838 (Sanders' Heirs v. Buskirk)

Chief Justice Robertson

delivered the Opinion of the Court.

The only question in this case, is whether, when it apPeared from an entry made on the order book by consent, that one of a plurality of joint demandants in a writ 0f right, had died during the pendency of the suit, the Circuit Court, whilst the case was still pending there, had a right, ex officio, to abate the writ?