Ladd v. Sanborn

The statute of Januaiy 2, 1839, section 3, 1 Laws, 370, provides, that in case of the death of a demandant in a real action, his executor or adminidrnior may, at the next term, be admitted to pro? cu.te the suit to final judgment, fur the benefit of tho-m who may be interested in the estate. The wwrds of the statute are clear, plain, and explicit, and leave no doubt as to the intention of the legislature. We arc of opinion that the motion must prevail.