Marshall, Chief Justice. The seller impliedly gave power to the vendee to- plead such plea* in his name as were necessary for the defence of the land j and should a plea be now put in by Ar-rington in the name of the vendor, £ would not consent to strike it out. Whereupon Arrington put in the plea of personal assets in the hands of the executor, enough to satisfy the judgment. And lust put in the name of the vendor in.open, court..