Baldwin v. Porter
Supreme Court of Connecticut
This was an action of trover for saw-mill logs ; tried at Litchfield, February term, 1838, before Church, J. The logs in question were taken and sold, by the defendant, as constable, on an execution in favour of M. <%• E. Lyman against Birdsey Baldwin, as his property ; and it was admitted, that if the property of the logs was in him, the plaintiffs ought not to recover.
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This was an action of trover for saw-mill logs ; tried at Litchfield, February term, 1838, before Church, J. The logs in question were taken and sold, by the defendant, as constable, on an execution in favour of M. <%• E. Lyman against Birdsey Baldwin, as his property ; and it was admitted, that if the property of the logs was in him, the plaintiffs ought not to recover. These logs grew upon a certain piece of land, formerly the property of Daniel Baldwin, deceased, which, under his last will and testament, had been distributed to Lucia Baldwin, his daughter, and the wife of Birdsey Baldwin ;…
1Opinion of the CourtChurch, J.
The defendant, at the trial, insisted, that this action could not be maintained, because there was, as he said, no proof that the plaintiffs had ever accepted the trust under which they now assume to act and prosecute this suit. But the court instructed the jury, that proof of such acceptance was furnished, and might be presumed by the jury from the fact that the plaintiffs had, before the court of probate, accepted the executorship of the will of Daniel Baldwin, the testator, without renouncing or declining the trust created for the benefit of Lucia Baldwin and her family ; to prove which…
2Cases cited12 opinions
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- Nicoll v. MumfordNew York Court of Chancery · 1820
- Evertsen v. SawyerNew York Supreme Court · 1829
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