
    *Spraker against Davis.
    Judgment had been irreeularlv obtained against the deby him in fee.
    A release of the administrator of a defendant cannot affect the rights of heirs; on whose motion the judgment may be set aside notwithstanding the release.
    
      A motion was now made in behalf of his heirs, to set aside the judgment, and all subsequent proceedings. This was answered on the part of the plaintiff by showing a release of the irregularity, and a consent that the judgment might stand, executed by the administrator of Davis.
    
      D. Cady, for the motion.
    
      M. T. Reynolds, contra.
   Curia.

The release of the administrator cannot affect the rights of the heirs. The motion must be granted.

Motion granted.  