Catlett's ex'or v. Russell
Supreme Court of Virginia
Detinue for a slave, brought by Dussell against Catlett in his lifetime, in the circuit court of Frederick. The writ was served on the defendant, and the plaintiff filed his declaration, and a writ of inquiry of damages was awarded; but the defendant died without having pleaded or appeared to the action.
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Detinue for a slave, brought by Dussell against Catlett in his lifetime, in the circuit court of Frederick. The writ was served on the defendant, and the plaintiff filed his declaration, and a writ of inquiry of damages was awarded; but the defendant died without having pleaded or appeared to the action. Whereupon, the plaintiff sued out a scire facias against the executor of the deceased defendant, reciting the nature and pendency of the action, the state it was in at the time of the original defendant’s death, the appointment of his executor, and the executor’s qualification (without any…
1Opinion of the CourtBrockenbrough, J.
I have never had a doubt, that an executor cannot be charged in detinue, merely on the possession of, and detention by, the testator. The thing sued for-, which is demanded in specie, must have come to the hands of the executor himself, and be detained by him, to justify an action of detinue against him. 1 Chitt. Plead. 120. 1 Wms. Saund. 216. a. note 1. Le Mason v. Dixon, sir W. Jones 173, 4. This seems to result, necessarily, from the decision, that if a bailee of a thing burn it, his executor shall not be charged in detinue : in such case, the action dies with the person. Bull. Ni. Pri.…
2Cases cited5 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Metcalfe v. City of SeattleWashington Supreme Court · 1890
- Scott v. ThorpNew York Court of Chancery · 1835
- Newsum v. NewsumSupreme Court of Virginia · 1829
- Gray's Administratrix v. BerrymanSupreme Court of Virginia · 1814