#### *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.

Jermyn.

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.