If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.