
    Lee v. Cooke’s Ex’or.
    June, 1821.
    Trespass for Mesne Profits — Executors.—Trespass for th e mesne profits of land recovered in e: ectment against A. lies against bis executor.
    Trespass — Executors—Statute.—Tbe 64 § cb. 10-4, Rev. Code, is an extension of tbe 4tb Edw. III. cb. 7, de bonis asportatis.
    Lee brought trespass to recover from Cooke the mesne profits of a tenement which he had recovered in ejectment. After the issue was made up, Cooke died ; at a subsequent term, his executors appeared by attorney, *and the cause was continued. And at the term next ensuing, the cause was directed to be struck off the docket; the court thinking the action abated by the death of the original defendant. A supersedeas was obtained from the court of Appeals.
    The authorities which were relied on in argument, are so fully stated in the note (1) 1 Saund. 216, by Williams, that I shall only refer to that booh.
    
      
      Trespass for Mesne Profits — Executors.—See mono-graphic note on “Executors and Administrators” appended to Rosser v. Depriest, 6 Gratt. 6.
    
    
      
      Trespass -Executors — Statute.—1 Rev. Code 1819, p. 390, sec. 64, which declares that “actions of trespass may be maintained by or against executors or administrators for any goods taken or carried away in tbe lifetime of tbe testator or intestate,” is an extension of tbe statute, 4 Edw. 3, cb. 7, de bonis aspor-tatis, so as to embrace actions brought against, as well as by, executors and administrators. Boyles y. Oyerby, 11 Gratt. 207, citing tbe principal case, and Vaughan v. Winckler, 4 Muni. 136.
    
   ROANE, Judge.

The court is of opinion that the action in this case being brought for the profits of the appellant’s land, converted by the testator of the appellee to his own use in his life time, as well as for the trespass by which the property was so converted ; and being within the equity of the 64th section of the statute ch. 104, 1 Rev. 390, which section is an extension of the statute of 4 Edw. III. ch. 7, de bonis aspor-tatis, to embrace actions brought against, as well as those brought by executors and administrators; the said action so far at least as regards the profits, did not die with the testator; but survived against his executors; and there is error in the judgment abating the action; the judgment is therefore reversed with costs, and the cause remanded for farther proceedings.  