644 ALLEN v. BURKE.

ALLEN v. BURKE.

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

decree.
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.

This bill was filed on the 2d of March 1824, by Richard Allen
against Micajah Burke and Ann his wife, and William Comegys, to
foreclose certain mortgages which had been given by the defendant
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 simple,
after the expiration of a lease for years held by the defendant
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 plaintiff the sum
of $846 97, &c.

After which Sarah Allen, by her petition, stated, that the plain-
tiff Richard Allen 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.

12th February, 1829.—BLAND, Chancellor.—The motion of the
petitioner Sarah Allen, that the decree should be revived having
been submitted on her part, and no cause having been shewn to
the contrary, the proceedings were read and considered.

The act of 1820, ch. 161, it is evident, was intended to provide
a course of proceeding by which any party who had a right to
revive a suit that had abated, in the manner specified, before a final
decree, might have it revived in a mode less expensive and dilatory
than in the common way by a bill of revivor. It is manifest, that
the general object of that law was to shorten and envigorate the

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