1 N.C. 42
Sup. Ct. N.C.
1796

But the Court,

M’Coy, J. and Stone, J.

overruled the plea they said it had been adjudged that this action could be revived.

A case was cited which the same principle was held, respecting *43the action of traver, at Wilmington Superior Court.

Harris for the plaintiff. Davie for the defendant,