
    Lewisburg.
    Chapman v. Dunlap.
    (Absent Brooke, J.)
    1847. July Term.
    
    The defendant in a proceeding of unlawful detainer dies pending an appeal by the plaintiff below. The cause cannot be revived.
    In 1842 Augustus A. Chapman instituted a proceeding of unlawful detainer against James A. Dunlap, to obtain possession of a tract of land in the county of Monroe. On the trial of the cause the defendant took exceptions to opinions of the Court admitting certain evidence, and refusing to give instructions asked for by him; and a verdict and judgment having been rendered against him, he obtained a supersedeas to the judgment from the Judge of the Superior Court of Monroe. When the cause came on to be heard in that Court, the judgment of the Court below was reversed; whereupon Chapman applied to this Court for a supersedeas to that judgment, which was awarded. Whilst the cause was pending in this Court, the appellee Dunlap died; and the question then arose whether the appeal could be revived.
    
      Price and William Smith, for the appellant.
    
      M’ Farland, for the appellee.
   By the Court.

The death of the defendant in error having been suggested at a former term, and the Court being of opinion that the cause is in its nature incapable of revival, it is ordered that the writ of supersedeas awarded by this Court be abated; which is ordered to be certified to the said Circuit Court.  