
    VAIL, ET AL., v. ELY, ET AL.
    Chancery — abatement by death — bill of revivor — order to make representatives parties improvidently made and vacated — agreement of parties cannot avail to dispense with pleadings.
    A chancery suit commenced before the 1st of June, 1831, abates by the death-of a party, and a bill of revivor is requisite to reinstate it. The act of 1831, allowing a summary order to bring in the representatives without a bill of revivor, is expressly limited to suits commenced after it took effect.
    If an order to make parties has been improvidently made it will be vacated— the agreement of the parties to waive pleadings will not avail them — the court can only try what is legally before it.
    In Chancery. The hill was filed in 1830, and one of the complainants died previous to the last term of this court, when an order was made that the bill stand revived, and the representatives *were then made parties by the court. This proceeding was [519 now objected to.
   BY THE COURT.

The act of June, 1831, provided for reviving chancery proceedings in a summary way by order, without a bill of revivor; but the act expressly provides that suits before then commenced shall be conducted without reference to that act. This suit was commenced before the passage of the act. The death of a party abates a chancery suit, according to the usual mode of proceeding in that court, and a bill of revivor is requisite to revive and continue it. The agreement of the parties, in court, to dispense with a bill or pleadings, will not be regarded — -the court will only try what is legally presented to it. The order of the last term was improvidently entered, and is inoperative.  