
    JOSEPH HOLT, for the use of John Norton, vs. PARMENAS BRISCOE. question referred from claiborne county.
    The death of the person for whose use the suit is brought does not abate the suit.
    This was an action of covenant, brought in the Superior Court of Claiborne county, in the name of Joseph Holt, for the use of John Norton, against Parmenas Briscoe. At the September term, 1815, the death of Norton, for whose use the suit was brought, was suggested by defendant’s counsel, and security for costs required. The plaintiff’s attorney gave security for costs, and at his instance, the court ordered the cause to be carried on for the use and benefit of John W. Hamilton. At the March term 1817, it was urged by the defendant’s counsel, that the suit was abated by the death of Norton; and the question, “whether this suit does abate thereby,” was referred to the supreme court for their decision.
    
      Turner for plaintiff
    
    Clarke for defendant.
    
   Curia — The death of Norton does not abate the suit.  