Dale v. Penhalerick , 1 N.C. 206 ( 1793 )

Jermyn.

It is no plea, for although the defendant now shall not perhaps have a return of his cattle, yet he ought to have a remedy for the unjust vexation by a suit without cause. 3 E. 4 50. In ward, the death of the ward pending the writ is no plea, nor the expiration of the term in an ejectione firmæ. Yelv. 112.