Brigham v. Elwell
Massachusetts Supreme Judicial Court
Tort, by the executors of the will of Azubah Brigham, for the conversion of a quantity of hay and thirty-three casks of cider. The defendant, a deputy sheriff, justified by virtue of a writ in an action against Josiah A. Brigham individually, on which he attached, on January 5, 1885, the hay and cider as the property of said Brigham.
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Tort, by the executors of the will of Azubah Brigham, for the conversion of a quantity of hay and thirty-three casks of cider. The defendant, a deputy sheriff, justified by virtue of a writ in an action against Josiah A. Brigham individually, on which he attached, on January 5, 1885, the hay and cider as the property of said Brigham. At the trial in the Superior Court, before Staples, J., it appeared that Josiah A. Brigham was the sole devisee of a farm owned by the testatrix at the time of her death. The plaintiffs contended that the hay and cider were the products of the farm, while it was…
1Opinion of the CourtW. Allen, J.
The jury found that the hay and cider were produced by the plaintiffs from the farm while they carried it on as executors, under an arrangement with the devisee that they should carry it on and take the proceeds and account for them as assets. Income of the real estate of a testator so received by his executor is assets of his estate. Pub. Sts. a. 144, § 5. Stearns v. Stearns, 1 Pick. 157. Palmer v. Palmer, 13 Gray, 326. Choate v. Arrington, 116 Mass. 552. Choate v. Jacobs, 136 Mass. 297. Edwards v. Ela, 5 Allen, 87. Brooks v. Jackson, 125 Mass. 307. Adams v. Palmer, 6 Gray, 338. Newcomb v.…
2Cases cited5 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
- Choate v. JacobsMassachusetts Supreme Judicial Court · 1884
3Cited by7 opinions
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Untersee v. UnterseeMassachusetts Supreme Judicial Court · 1938
- Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
- Koutoudakis v. Great American Indemnity Co.Massachusetts Supreme Judicial Court · 1934
- Mansfield v. HoltonSupreme Court of New Hampshire · 1907
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