
    John Fowler and Wife versus Daniel Shearer
    
      Practice. — In trespass quare clausum fregit, by husband and wife, for a trespass on the wife’s land, after a verdict for the defendant, and before judgment the wife died, and the defendant had judgment for his costs against the husband.
    
      Bliss for the plaintiff.
    
      Ashmun for the defendant, 
    
    Trespass for breaking and entering the close of the feme plaintiff. After a verdict at the last term for the defendant, the cause was continued on a question saved for the opinion of the whole Court. During the vacation the wife died. The defendant had leave to suggest the death on record, and to take judgment for his costs against the husband.
    
      
       [The husband, as administrator, may prosecute the suit. Pattee vs. Harrington, 11 Pick. 221. — Ed ]
    
     