After judgment by default and before the execution of a writ of inquiry, the defendant dies. The plaintiff executes his writ of inquiry, and final judgment is rendered in his favor. This judgment is erroneous and void in law, and reversible upon a writ of error.
From Fayetteville.
BY THE COURT.
The judgment in this case is erroneous and void in law. Let it be reversed and the plaintiffs in error be restored to all things which they have lost thereby, and the defendants in error pay the costs.
Cited: Burke v. Stokely, 65 N.C. 571; Lynn v. Lowe, 88 N.C. 481.