Jewett v. Smith
Massachusetts Supreme Judicial Court
This was an action of replevin for a quantity of boards, which was submitted to the decision of the Court upon certain facts agreed, of which the following appear to be material. On the 27th of March, 1814, one John dark was the lawful owner of the said boards, and, having died before the 29th of that month, administration of his estate was on that day committed to the plaintiff, of which he gave public notice in the Hallowell Advocate on the 2d of April following.
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This was an action of replevin for a quantity of boards, which was submitted to the decision of the Court upon certain facts agreed, of which the following appear to be material. On the 27th of March, 1814, one John dark was the lawful owner of the said boards, and, having died before the 29th of that month, administration of his estate was on that day committed to the plaintiff, of which he gave public notice in the Hallowell Advocate on the 2d of April following. On the 31st of March aforesaid, appraisers were duly appointed, and on the 16th of April they appraised the boards, which were…
1Opinion of the CourtParker, C. J.
The judgment debtor ceased to have any property in the at property may in abeyance until administration is granted, and is then vested in the administrator, by relation, from the time of the death.
By the common law, the goods of a judgment debtor were bound by the award of execution ; so that the sheriff might proceed upon a fieri facias, although the debtor had died after the award of execution. Now, by Stat. 29 Car. 2, c. 3, in England, goods are bound only from the delivery of the fieri facias to the sheriff.†
By our laws, there is no lien upon the goods of the debtor by the judgment, the…
2Cases cited3 opinions
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
- Clark v. MayMassachusetts Supreme Judicial Court · 1814
- Patterson v. PattenMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Bower v. HolladayOregon Supreme Court · 1889