case Wedgewood and other against baily in trover the death of one of the  plaintiff before verdict may be assign for error on the judgement SC Freem SC  raym SC skin SC than Abr trover and conversion one of the plaintiff die before  verdict which be after find for the plaintiff this be assign for error on a  writ of error and here be cite the case of spring v ballet a where it be hold  on motion that the writ be not abate here custom may claim to have to exempt  the same from distribution but that such part in the hand of such  administrator shall be subject to distribution as in other case within the say  Act a hawk p c ch S c see row v Russell post Wingfield case Mod seaman v ling  salk knight v Farnaby salk lacker v Harcourt show d see the case of bisse v  Harcourt Carth pope v Redfearne burr lie v rod brown case in parliament and  Yeardley v roe term Rep and Mr kyds edition Com dig a Bulst shower KB er p it  be on writ of error and in the case of leigh v Burgamy b trespass bring by two  jointtenants one die and hold the writ shall abate as it be in all case unless  of necessity or in a quare hinder and hearing complaint see Spencer v  uvoodward c and Lisle v grey d and in a writ of error here about a twelvemonth  since one of the plaintiff die we bring a new writ of error the judge be of  opinion that the writ abate dolben justice in personal action where two join  it many time survive beside why shall it abate in the plaintiff case more than  in the defendant e two tenant in common of a shop one may bring a action for  his moiety of the shop and so for half a negro and so it have be allow shower  KB Pemberton chief justice the case of spring v ballet be dark as to the  reason of it for why shall they join in case of a horse and sever in case of a  negro and it be say by all that chancery have be and still be endeavour to  destroy survivorship and that it be the attempt of the commissioner in the  late time in the next term it be move again and then urge the case of hill v  tempest cro Elizabeth that one defendant die before the last continuance in  regard the judgement be only against he that survive the writ shall not abate  as to he f and that in the case of spring v ballot Bulst it be hold on motion  that though one plaintiff die yet it shall not abate and sir Oliver lee case  be in the first year of James the first but the case of read v Readman be in  the ten year of James the first it be in Rep e contra it be argue that the  right to one moiety accrue after and therefore at the time when this action be  bring he have such a right to a moiety only now a right accrue pen a action  will not supply the want of it when the action be bring the case of a avowant  will not be like this because here in our case the action be begin and the  thing to be recover be mention before Whittingham v Lord derby tenant hob a to  know facias by husband and wife and the husband die the report there be a  curian advisare vult but in hut it be say per totan curian that it shall abate  Adjournatur g