Kingsbury's Executors v. Lane's
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action of replevin brought by James W. Kings-bury against Hardage Lane, in 1843, for two negro women. Lane pleaded property in himself to the slaves. In November, 1849, the death of the defendant, Lane, was suggested, and . the appearance of his executors entered. In December, 1849, there was a trial .and verdict for plaintiff. The case was brought to this court and reversed.
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Error to St. Louis Circuit Court. This was an action of replevin brought by James W. Kings-bury against Hardage Lane, in 1843, for two negro women. Lane pleaded property in himself to the slaves. In November, 1849, the death of the defendant, Lane, was suggested, and . the appearance of his executors entered. In December, 1849, there was a trial .and verdict for plaintiff. The case was brought to this court and reversed. On the 3d of January, 1854, the executors of Kingsbury suggested his death, and entered their appearance. On the Sd of May, 1854, the court, upon inspection of the record,…
1Opinion of the CourtLeonard, Judge
This judgment must be reversed, and the cause remanded. The question is not without difficulty, and the result to which we have come has only been arrived at after a good deal of consideration. The propriety, however, of allowing a suit in replevin to be continued in the name of the administrator of a deceased defendant, considered in reference to the rights of either party, is so manifestly proper, in every point of view, and so free from every practical objection, that we felt it to be our duty to allow it, if it could be brought within the legislative provisions, in relation to the…
2Cases cited3 opinions
- Mellen v. BaldwinMassachusetts Supreme Judicial Court · 1808
- Keite v. BoydSupreme Court of Pennsylvania · 1827
- McDermott v. DoyleSupreme Court of Missouri · 1852
3Cited by3 opinions
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- White v. McFarlandMissouri Court of Appeals · 1910
- Kavanaugh v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1911