19 Mo. 33 | Mo. | 1853
delivered the opinion of the court.
The 9th section of the 3d article of the act of 1849, declares that no action shall abate by death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survives or continues. This provision, it is conceived, does not in any wise affect the former one. If the cause of action survives or continues, it may be revived. The provision in the New York code is the same as ours, and under it the courts have held, that actions in the nature of ejectment may be continued against the heirs of the defendant, upon his death, they claiming to have succeeded to his rights. Waldorph v. Bortle, 4 How. 358.