In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, whereby the action is transferred or continued, in its then condition, from the decedent to his rep-resentatives. Transference is either active or passive; the former, when it is the pur-suer (plaintiff) who dies; the latter, upon the death of the defender. , Ersk. Inst. 4, 1, 60
Source: Black's Law Dictionary 2nd Ed (1910)
