At common law no action founded in tort and in which the plea was “ not guilty,” was held to survive against the executor or administrator of the tortfeasor. Nicholson v. Elton, 13 Serg. & Rawle, 416 ; Hambly v. Trott, Cowp. 375 ; Cutler v Browne, 2 Haywood, 182 ; Crane v. Crane, 4 Halsted, 173 ; People v. Gibbs, 9 Wendell, 29. See Miller v. Umbehower, 10 Serg. & Rawle, 31 ; Hawkins v. Glass, 1 Bibb, 246. And the death of the defendant, in all actions, whether sounding in tort or contract, was pleadable in abatement. Com. Dig. Abatement, H, 34. But by St. 1822, c. 110, the actions of trover and replevin, and by St. 1834, c. 2, actions of trespass and trespass on the case for injuries to personal property, are made to survive against an executor or administrator. And by St. 1783, c. 32, all actions which by law survive as it respects their causes, and by St. 1822, c. 110, the actions of trover and replevin, and by St. 1834, c. 2, actions of trespass and trespass on the ease for injuries to personal property, if commenced and pending in court against a testator or intestate, may be prosecuted to final judgment against his executor or administrator. [See Revised St. c. 93, § 7, 8.]

By statute in Virginia, trespass for mesne profits of land recovered in eject, ment, lies against an executor. Lee v. Cooke, Gilner, 331