Rogers v. Windoes

Plaintiff sued defendants for the wrongful conversion of testator’s property during his life-time. 'The court below held that the action died with the person, and no action survived.

By provisions now found in section 5828 of the Compiled "Laws, it is declared that, in addition to actions which survive by the common law, certain others, including replevin, ¡trover, actions for goods taken and carried away, and for damages to real or personal estate shall also survive. This provision is entirely free from ambiguity, and has been in ■force since 1838, (R. S. 1838, p. 428,) and the principle has *630b…