
    GENERAL COURT,
    MAY TERM, 1800.
    Fister vs. Beall’s Adm’rs.
    A bill of sale of. personal property of which the venT dor retained the possession, if for a bona fide consideration, and was duly executed, acknowledged and recorded, it passed such property absolutely to the vendee; and the vendor is a competent witness to prove, that being' in possession of the said property} he gamed the same away at cards.
    An action of replevin does not abate by the death of the original plaintiff, But his administrator or executor may appear and prosecute it.
    This was an action of ’Replevin, instituted in Frederick county court, and removed by appeal to this court, on the part of the defendant in the court below. The action was brought in the name of the appellees5 intestate, in his life-time, for a Gelding. The death of the plaintiff, in the court below, was suggested, and his administrators permitted to appear and prosecute. Non cepit and property were pleaded. The general replication replied, and issues were joined.
    The plaintiffs below, gave in evidence by one Perry Beall, that the horse for which this action was brought, was his property, and that being his property, he sold and conveyed him to Brooke Beall, the said plaintiffs’ intestate, by deed dated the 10th of August 1/93; which deed duly executed, acknowledged and recorded, as the law directs, amongst the records of Montgomery county, in which county the said Perry Beall resided, was produced and read in evidence to the jury by the said plaintiffs, whereby the said Perry Beall, amongst other property therein mentioned, transferred, &c. “two Horses,” to the said Brooke Beall. The plaintiffs also proved to the jury, by the said witness, that after the execution of the said deed, the said horse remained in the possession of the said Perry Beall, the witness, with the assent of the said Brooke Beall, until September 1/93, when the said witness rode the said horse to Frederick-. Town, and gamed him away at cards with Nicholas Madera. The plaintiffs also proved by another witness, that the said horse came to the hands of Daniel Fister, the defendant, in the fall of the year 1/93, by an exchange between him and one Peter Idle.
    
    The. defendant demurred to the evidence as above offered by the plaintiffs, as not being sufficient in law to maintain the issues joined. The plaintiffs joined in demurrer. And the county court adjudged that the plaintiffs had shewn sufficient matter in evidence to maintain the issues joined, and judgment was rendered for the plaintiffs. To reverse which judgment: the defendant appealed to this court,
    
      Shaaff, for Appellant.
    
      Mason, for the Appellees.
   The GeNerau Court reversed the judgment of the County Court, upon the ground, that being an. action of replevin, it abated by the death of the original plaintiff, and that the administrators could not legally appear to prosecute such an action.

The Appellees appealed to the Court of Appeals.

The Court or Appears, at November term 1802, reversed the judgment of the General Court, and affirmed the judgment of the County Court.  