Thomas v. Harkness
Court of Appeals of Kentucky
Case 3 — PETITION ORDINARY APPEAL PROM PAYETTE CIRCUIT COURT. 1. In an action to recover for the conversion of personalty the plaintiff must have a complete property in the chattels converted.
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Case 3 — PETITION ORDINARY APPEAL PROM PAYETTE CIRCUIT COURT. 1. In an action to recover for the conversion of personalty the plaintiff must have a complete property in the chattels converted. (1 Ohitty’s PL p. 170.) 2. If the gift of the personalty in this case by the husband to his wife was sufficient to impress it with the quality of separate estate, the husband held the legal title as trustee of his wife. 3. Upon the death of the husband the legal title was vested in his administrator; and, 4. The widow could not maintain any action against the administrator on account of such property,…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The appellees brought this suit at law against the appellant, alleging that they were the owners of certain personal property, and that the defendant had sold and converted it to his own use.
The defendant answered in three paragraphs:
In the first he denied that the plaintiffs were the owners of the property mentioned in the petition.
In the second he averred that he was administrator of Edward Thompson; that the property mentioned in the petition belonged to his intestate, and he had, as administrator, caused it to be sold, and then held the…
2Cases cited3 opinions
- Maraman's Administrator v. MaramanCourt of Appeals of Kentucky · 1862
- Campbell v. GalbreathCourt of Appeals of Kentucky · 1876
- Bridges v. WoodCourt of Appeals of Kentucky · 1836
3Cited by7 opinions
- Carpenter v. Carpenter's TrusteeCourt of Appeals of Kentucky · 1905
- Barnes v. ScottCourt of Appeals of Kentucky · 1916
- Bartlett v. BordenCourt of Appeals of Kentucky · 1877
- United States Trust Co., Inc. v. LeeCourt of Appeals of Kentucky (pre-1976) · 1938
- Bigham v. Hodge's Ex'rCourt of Appeals of Kentucky · 1879
2 more not listed; retrieve them via the Exa API.