Greenlee's adm'r v. Bailey
Supreme Court of Virginia
. William Bailey brought an action of'detinue, in the circuit court of Rockbridge county, against Samuel Green-lee, for two slaves named Bill and Sail. The defendant pleaded non detinet, and actio non accrevit within five years; upon which pleas issues were joined. Pending the cause, the defendant died, and a scire facias was issued to revive it against James Moore sheriff of Rock-bridge county, to whom the estate of the defendant had been committed.
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. William Bailey brought an action of'detinue, in the circuit court of Rockbridge county, against Samuel Green-lee, for two slaves named Bill and Sail. The defendant pleaded non detinet, and actio non accrevit within five years; upon which pleas issues were joined. Pending the cause, the defendant died, and a scire facias was issued to revive it against James Moore sheriff of Rock-bridge county, to whom the estate of the defendant had been committed. The scire facias contained no allegation that after the death of the intestate the property came to the hands of his administrator. It was duly…
1Opinion of the CourtParker, J.
Since the decisions of Catlett’s ex'or v. Russell, 6 Leigh 344. and Allen's ex'or v. Harlan's adm'r, Id. 42. it must be taken as settled law that an executor or administrator cannot be charged in detinue, merely on the possession of the testator or intestate; and that the thing sued for must have come to the hands of the representative himself, and be detained by him. If he so detains, an original action may be maintained against him on his own possession, or the suit brought against the testator or intestate may be revived by scire facias; but if so revived, there must be a suggestion in the…
2Cited by15 opinions
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- Taylor v. CullinsSupreme Court of Virginia · 1855
- Crawford v. MosesSupreme Court of Virginia · 1839
- Hunter v. HumphreysSupreme Court of Virginia · 1858
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