It is no plea, for although the defendant now shall not perhaps have a return of his cattle, yet he ought to have a remedy for the unjust vexation by a suit without cause. 3 E. 4 50. In ward, the death of the ward pending the writ is no plea, nor the expiration of the term in an ejectione firmæ. Yelv. 112.
Dale v. Penhalerick, 1 N.C. 206, 1 Mart. 206 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 206, 1 Mart. 206
*Dale vs. Penhalerick.
Trin. 3 Car.
IN replevin the defendant made conisans en droit the tenant for life, and prayed a return: then the plaintiff came and pleaded that the tenant for life, died since the last contuinuance.