
    BROFIELD'S HEIRS vs. LYND.
    If after execution issued the plaintiffs become alien enemies, the Court will not interfere on a summary application.
    Judgment had been obtained and execution issued before intelligence arrived of the declaration of war by the United States against great Britain. On a suggestion that the plaintiffs were subjects of the king of Great Britain, and are therefore alien enemies,
    Livingston, for the defendant,
    moved that the execution be staid, on the ground that an alien enemy has no right of action whatever during the war. Wilcox & al. vs. Henry. 1 Dallas 71.
    Duncan, contra.
    The defendant cannot take advantage of this in this way. The court of King's Bench, in vanbrynen & al. vs. Wilson, refused to stay judgment and execution on a summary application, because the plaintiffs after verdict became alien enemies. 9 East, 321. This is a stronger case against relief: for judgment has been given
    
      and execution issued. Le Bret vs. Lapollon, 4 East, 521, is also a case in point.
   Motion overruled.  