542 ARTICLE 16

that can be claimed is that his death should have been brought to the attention of the
court. Spedden v. Baltimore Refrigerating, etc., Co., 117 Md. 452.

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. 230 and notes to sec. 2.

As to abatement and revivor at law, see art. 75, sec. 29, et seq.; in the court of appeals,
see art. 5, sec. 81, et seq.

As to where a party to a suit, involving title to lands, dies leaving an infant a proper
party to be substituted—see art. 75, sec. 68.

Cited in Carrollton Bank v. Hollander (Judge Smith, Circuit Court of Baltimore
City), Daily Record, Mar. 7, 1939. ...

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, 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 repre-
sentative, 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 prac-
tice of filing a bill of revivor under sec. 12, gives a new method of attaining the same
object. Purpose of this section. A purchaser 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; Allen 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 revived by or against
the heir, as well as personal representative of 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.

Re procedure in cases of suggestion of death under 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.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1820, ch. 161, sec. 5.
1841, ch. 22, sec. 3. 1842, ch. 229, see. 3.

3. Upon such suggestion, a subpoena shall issue for the legal repre-
sentative of the deceased party, commanding him to appear and be made
a party to such suit, if such representative resides in this State; and if such
representative is a non-resident, then such notice shall be given, instead
of the subpoena, as is provided for non-resident defendants.

Cited but not construed in Townshend v. Duncan, 2 Bl. 47; Chase v. Manhardt,
1 Bl. 336.

Cited in Carrollton Bank v. Hollander (Judge Smith, Circuit Court of Baltimore
City), Daily Record, Mar. 7, 1939.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and suggest in
writing the death of the party under whom he claims, and be made a party
in place of the person so dying, and proceed with the suit, on giving such
notice to the opposite party as the court may direct.

See notes to art. 5, sec. 40.

An. Code, 1924, sec. 5. 1912, sec: 5. 1904, sec, 5. 1888, sec. 5. 1844, ch. 44, sec. 1.

5. Where an executor or administrator dies who was originally a party,
or has been made, a party as the representative of a deceased party, the
same proceedings as above stated shall be had to make the proper parties;