
    *Peter Spurk v. David Vangundy.
    Defendant in error dies after assignment of error and joinder, it is not necessary to make his representatives parties.
    This was a writ of error adjourned here for decision from Pick-away county. The declaration was in covenant upon a covenant of seizin, in a deed for the conveyance of land, and contained no averment of an eviction. The cause was tried in the court of common pleas, October term, 1826, and a verdict and judgment given for the plaintiff, to reverse which, this writ of error was brought.
    After the assignment of errors, and the joinder in error, the defendant in error died.
    Ewing, for plaintiff in error,
    insisted, that the court should, nevertheless, proceed to judgment without making the defendant’s representatives parties. He cited 2 Seld. Pr. 406, 407; Ld. Raym. 1295. The question of costs, he maintained, did not affect the principle. 2 Seld. Pr. 406.
    No counsel appeared on the other side.
   The court proceeded to judgment, and upon the authority of the case of Backus’ adm’rs v. McCoy, ante, 211, reversed the judgment.  