Audita q.uereta brought to avoid a ca. sa. issued in the name of the defendant against the plaintiff, on the 10th of July 1717, bearing teste on the 18th of April 1717, the said Henry having died on the 20th of June 1717. Demurrer.

Bulany, in reply,

cited Bro. Ab. 794, 18. 79, b. 25\ 80, 38. a.

Judgment, that ths plaintiff tako nothing by his Wei; of mulita querela,