delivered the opinion of the court.
If Pаtten Hall were now alive, and no third person hаd acquired any interest in the land since the 29th Seрtember, 1829, perhaps the amendment, which the defendant moves to have made, might be permittеd. But Patten Hall is now dead, insolvent, and if nothing has now рassed by this extent his creditors have acquired аn interest in the land which we cannot lawfully take frоm them by permitting such an amendment. Their claim to hаve the land applied to the payment оf their debts is just and legal, and it does not belong to the exercise of any sound discretion, which a court possesses to deprive them of such a claim, and give the land to one, who has no lеgal title. No authority has been cited, no authority can be found, to sanction such an amendment.
But in this case the attachment was not dissolved by the death of the debtor. It is provided by statute, that аttachments shall remain valid even in cases where a par
The attachment in this case was not dissolved by the insolvency of the debtor’s estate. When an estate has beеn decreed by the judge of probate to be administered in the insolvent course, all actions pending against the estate are to be discontinued ; and in this way an attachment may be defeated.
But the circumstance, that the estate, in this case, was, after judgment, decreed to bе administered in the insolvent course had no effеct upon the attachment.
The debtor, in this case, died after having appointed an aрpraiser. If it had been otherwise, the creditor, in order to save his attachment, must have caused the land tobe seized by virtue of the exeсution within thirty days after judgment, and then in case no one came forward to take administration, must havе procured some one to take administration in order that an appraiser might have been appointed on behalf of the estаte. And in this way the extent might have been complеted had no appraiser been .apрointed*-by the debtor himself. 3 N. H. Rep. 279, Daniels v. Ellison,
The extent, in this case, wаs completed within thirty days after the judgment, and, under аll the circumstances, we see no valid objection to it.
Judgment for the defendant.