A, having recovered a judgment against B, sued out a fi. fa., and before the return of it he died. After his death, he having no representative, another fi. fa. was sued out in his name. This fi. fa. set aside as having issued erroneously.
From Fayetteville.
BY THE COURT.
Let this motion be allowed, and the fi. fa. be set aside.
Cited: Aycock v. Harrison, 65 N.C. 9.
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