ALLEN v. BURKE.—1 BLAND. 511

After which the auditor reported a distribution of the proceeds
as directed, which was confirmed by an order of the 4th of May,
1829; from which Kent appealed; and, at June Term, 1831, the
order was affirmed by the Court of Appeals.

* ALLEN v. BURKE. 544
ABATEMENT AND REVIVOR IN CHANCERY.

The Act of 1820, ch. 161, applies only to cases in which it remains to pass a

final decree, (a)
Where the suit abates after a final decree it may be revived by a subpoena

scire facias. The form of the writ, and the mode of proceeding, (b)

This bill was filed on the 2ud of March, 1824, by Richard Alien
against Micajah Burke and Ann his wife, and William Comegys,
to foreclose certain mortgages which had been given by the defend-
ant Ann, while sole, to the plaintiff on a certain parcel of ground
and its rents and profits, of which she held the remainder in fee
fee simple, after the expiration of a lease for years held by the de-
fendant Comegys. The defendants answered: after which the
defendant Ann died; and the suit was revived against Elizabeth
Burke, her daughter and heir. Commissions were then issued and
testimony taken and returned; upon which the case was heard;
and on the 29th of April, 1828, it was decreed, that the mortgaged
property be sold; and that the defendant Comegys pay to the plain-
tiff the sum of $846.97, &c.

After which Sarah Alien, by her petition, stated,that the plain-
tiff Richard Alien had died since the passing of the decree; and
that she had obtained letters of administration with the will
annexed on his personal estate. Whereupon she prayed, that the
decree might be revived against the defendants: that subpoenas
might be issued against them; and that she might have such other
and further relief in the premises as the nature of her case might
require. Upon which subpoenas, in common form, were issued
without any special direction or order from the Court; which hav-
ing been returned summoned, the petitioner moved, that the decree
might be ordered to stand revived.

BLAND, C., 12th February, 1829.—The motion of the petitioner
Sarah Alien, that the decree should be revived having been sub-
mitted on her part, and no cause having been shewn to the con-
trary, the proceedings were read and considered.

(a) See Rev. Code, Art. 65, sees. 12, et seq.; Hall v. Hall, ante, 130.

(b) Cited in Matthews v. Merrick, 4 Md. Ch. 364. See Harryman v. Roberts,
49 Md. 67.