
    [760] [*] MATHIS against SEARS and al.
    OS CERTIORARI.
    Sears and others, children of Paul Sears, deceased, sued Mathis before the justice, on the ground that Paul Sears, their father, paid to one Eli Mathis $80 for a piece of swamp which the said Eli Mathis sold to the said Paul Sears, deceased, in the year 1768; charging that the said Eli Mathis had promised the plaintiff a deed, but had failed in performing his promise. On a state of demand setting out these facts, the plaintiffs below obtained a judgment for $40.
    
      Brown, for plaintiff.
   By the Court.

The transaction is, at best, a very stale one; but supposing it was ever so recent, the legal representative of either party is not brought before the court. A child, as such, cannot sue for a debt due to his father; it must be his executor or administrator. And as to Mathis, he is not even stated to be the son, or'any other way connected with Eli Mathis.

Judgment reversed.  