Valentine v. Jackson
New York Supreme Court
This was an action of trover tried at the Montgomery circuit, in November, 1830, before the Hon. Esek Cowen, one of the circuit judges. The action was brought for the taking in September, 1821, of a quantity of wheat and other property a few days after the death of one Lufbury, from a farm then lately occupied by him.
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This was an action of trover tried at the Montgomery circuit, in November, 1830, before the Hon. Esek Cowen, one of the circuit judges. The action was brought for the taking in September, 1821, of a quantity of wheat and other property a few days after the death of one Lufbury, from a farm then lately occupied by him. The plaintiff took out letters of administration on the estate of Lufbury in October following, and commenced this suit in May, 1827, in his own name, and not in.his representative character. The witness who proved the taking of the property, testified that he took it by virtue…
1Opinion of the Court
By the Court,
Nelson, J.
The principal questions presented are, 1. Whether the plaintiff was bound to declare as administrator of Lufbury to entitle him to maintain the action ; and 2. Whether the defendant could distrain, no fixed amount of rent having been agreed upon by the parties. It is well settled that an executor may maintain an action for an injury done to the goods of his testator, before probate or seizure, as the law adjudges the property of the goods in him, immediately on the death of the testator. He derives his title under the will. The property of the goods being vested in him,…
2Cited by20 opinions
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