Mockbee's Adm'r. v. Gardner
Court of Appeals of Maryland
Appeal from Montgomery County Court. This was an action of trover for a negro slave named William, brought by the intestate of the appellant against the appellees. The death of the original plaintiff was suggested, and the appellant, as his administrator, made plaintiff. The defendants pleaded not guilty, and issue was joined.
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Appeal from Montgomery County Court. This was an action of trover for a negro slave named William, brought by the intestate of the appellant against the appellees. The death of the original plaintiff was suggested, and the appellant, as his administrator, made plaintiff. The defendants pleaded not guilty, and issue was joined. At the trial the plaintiff offered to prove by John W. Duvall, that the plaintiff’s intestate purchased of the witness as the administrator of William Warfield, deceased, the negro mentioned in the declaration, and that the said negro, at the time of the death of the…
1Opinion of the CourtArcher, J.
It is a general and familiar principle, that there exists in every sale of personal property, an implied warranty of title, and that the vendor cannot be a witness to sustain the title of bis vendee.
But in this case the witness had made the sale of the property in controversy as an administrator. He was a mere trustee, and in that capacity sold the property. The exemption of executors, administrators, and other trustees, from personal responsibility on an implied warranty, seems to be indispensable. For who would accept an office of this kind, if he were to become necessarily the guarantee of…
2Cited by3 opinions
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Seemuller v. FuchsCourt of Appeals of Maryland · 1885
- Seemuller v. FuchsCourt of Appeals of Maryland · 1885