Henry Billings Brown

“ After the property had been sold upon execution, and the United States had bid it in, and the sale was confirmed and the deed ordered, the defendant in the execution received credit for the amount of the sale, which amount, $2,467, canceled the judgment, and left it fully satisfied. There was no judgment to become dormant; in short, the whole proceedings between McElroy and the United States had ceased to exist. The United States stood only in the attitude of a purchaser of the land, with power to call upon the sheriff for a deed. ”

“ It assumes that the general rule that the death of a party to a suit, either pending the suit, or after judgment and before execution, abates the suit, applies to a case where land has been sold upon execution, and no deed delivered. ”

“ But we do not find it necessary to determine whether a scire facias was a proper remedy or not. It is a sufficient answer to the appellant's contention that the court had jurisdiction of the subject-matter under Rev. ”