#### Hamilton vs. Jones and others.

HpIIIS- was a scire facias against the heirs and devisees of Joha Jones, deceased, to have execution against the lands descended or delivered to them, ei a judgment obtained against the executors upon a- plea of fully administered, found for the executors. After the test of the sci. feu but before the issuing-of it was known to Peter Arrington, he purchased a share of the-¿ends from- one of the defendants, who being served- with the ■ecu fa. would not plead thereto. Arrington ailedged there were personal assets much more than sufficient to pay the debt.

Marshall, Chief Justice.

The seller impliedly gave power to the vendee to- plead such plea* in his name as were necessary for the defence of the land j and should a plea be now put in by Ar-rington in the name of the vendor, £ would not consent to strike it out.

Whereupon Arrington put in the plea of personal assets in the hands of the executor, enough to satisfy the judgment. And lust put in the name of the vendor in.open, court..