ART. 16]

ABATEMENT AND EEVIVOE.

343

263. Commissions to issue to two per- sons. 264. To one by consent. 265. One only to act on same day. 266. Rules for speedy return. 267. Pay of witnesses.

268. Attachment for refusal to attend. 269. Testimony available against de- fendants in default. 270. Court of appeals may repeal or modify rules in their discretion.

Abatement and Revivor.

1904, art. 1C, sec. 1. 1888, art. 16, sec. 1. 1860. art. 16, sec. 1.
1820, ch. 161. 1842, ch. 229.

1. No suit in chancery shall abate by the death of any of the
parties in cases where the rights involved in the suit survive.

This section applied. Whelan v. Cook, 29 Md. 8; Glenn v. Smith, 17 Md.
281.

Cited but not construed in Diffenderffer v. Griffith, 57 Md. 84.

See sec. 209 and notes to sec. 2.

As to abatement and revivor at law, see art. 75, sec. 25, et scq.; in the
court of appeals, see art 5, sec. 75. et seq.

Where a party to a suit, involving title to lands, dies leaving an infant,
a proper party to be substituted—see art. 75, sec. 64.

Ibid. sec. 2. 1888, art. 16, sec. 2. 1860. art. 16, sec. 2. 1820, ch. 161, sec. 4.

1844, ch. 44, sec. 2.

2. If any of the parties to a suit in chancery, whether plaintiff or
defendant, shall die after the filing of the bill or petition, it shall not
be necessary to file a bill of revivor; but any of the surviving parties
may file a suggestion of such death, setting forth when the death
occurred, and who is the legal representative of such deceased party, and
how he is representative, whether by devise, descent or otherwise.

A suit to set aside a fraudulent conveyance does not abate upon the death
of the grantor, leaving the grantee his only heir. This section, while not
abrogating the practice of filing a bill of revivor under section 12, gives a
new method of attaining the same object. Purpose of this section. A pur-
chaser pendente lite is not a necessary party. The heirs at law of a deceased
defendant may be brought in by petition when the matter in controversy
is real estate in which the heirs have an interest. The term "legal repre-
sentative." defined. Sinclair v. Auxiliary Realty Co., 99 Md. 231. And see
Griffith v. Bronaugh, 1 Bl. 547; Alien v. Burke, 1 Bl. 544.

Where a suit involves both real and personal property, in case of the death
of either party, in order to affect both kinds of property, the suit must be
reviewed by or against the heir, as well as the personal representative of the
deceased, but it may be partly revived against either. Owings' Case 1 Bl.
370.

Defendants, or their representatives, may revive a suit in every case where
they may derive a benefit from further proceedings. Parties. Ridgely v.
Bond. 18 Md. 449.

The act of 1820, ch. 161, has done nothing more than to authorize a party
to pursue the course prescribed, instead of a bill of revivor. Hawkins v.
Chapman. 36 Md. 97.

As to the procedure in cases of a suggestion of death under the act of
1820. ch. 161, see Laves v. Monker, 1 Bl. 130. note c. And see Hall v. Hall,
1 Bl. 130.

See notes to sec. 1.

Ibid. sec. 3. 1888, art. 16, sec. 3. 1860, art. 16, sec. 3. 1820, ch. 161, sec. 5.
1841, ch. 22, sec. 3. 1842. ch. 229, sec. 3.

3. Upon such suggestion, a subpoena shall issue for the legal repre-
sentative of the deceased party, commanding him to appear and be