David Davis

“ But it is insisted that the rules of the common law only attach to suits prosecuted in the ordinary way, and do not apply where the proceedings are commenced by seizing property under a writ of attachment. ”

“ The death of a defendant, before the test of an execution, compels the plaintiff to sue out a writ of scire facias, 'for the alteration of the person altereth the process.' [1] The heirs, devisees, and terre-tenants of the deceased must have notice before an execution can regularly issue, for they are the parties in interest, and should have an opportunity to interpose a defence, if any they have, to the enforcement of the judgment. Erwin's Lessee v. Dundas [2] is an authority in point, and it is unnecessary to refer to any other. ”