State v. Redding

Rodney, J.,

delivering the opinion of the Court:

It is somewhat difficult to precisely grasp the exact theory upon which the present action is based. It is an action of debt brought against an executor and his surety on the administration bond. The gravamen of the action is an alleged tort of the executor in making an allegedly unlawful sale of the specificafiy devised property prior to the sale of real estate not specifically devised (and therefore before the necessity of the sale of the specifically devised real estate could be ascertained), whereby the use plaintiff was deprived of the…