Emery v. Berry
Superior Court of New Hampshire
Debt, on a judgment alleged to have been rendered iu the district court for the western district in the State of' Maine, held at Alfred, in and for the county of York, on the third Tuesday of October, 1849, in favor of the plaintiff' against Joseph Berry, deceased, and one Brackett Mer-. rill. The defendant pleaded, first, Nultiel record; and second, Ne unqués executor.
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Debt, on a judgment alleged to have been rendered iu the district court for the western district in the State of' Maine, held at Alfred, in and for the county of York, on the third Tuesday of October, 1849, in favor of the plaintiff' against Joseph Berry, deceased, and one Brackett Mer-. rill. The defendant pleaded, first, Nultiel record; and second, Ne unqués executor. To the plea of Nul tiel record, the-plaintiff replied that there is such record, and an issue was joined thereon to the court; and to the second plea he replied that the defendant, as executor in his own wrong of said Joseph,…
1Opinion of the CourtEastman, J.
In examining the questions presented by this case, we shall pursue the order taken in the argument, and consider, first, the ruling of the court by which a verdict was taken for the defendant upon the issue to the jury.
It may be stated, in general terms, that at common law an executor de son tort is one, who, without any authority from the deceased or the court of probate, does such acts as belong to the office of an executor or administrator; and it is said that all acts of acquisition, transferring or possess*482ing of the estate of the deceased, will make an executor de son tort; because these…
2Cases cited12 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Lincoln v. BattelleNew York Supreme Court · 1831
- Thompson v. MusserSupreme Court of the United States · 1789
- Hempstead v. ReedSupreme Court of Connecticut · 1827
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