Kent v. Bothwell
Massachusetts Supreme Judicial Court
Replevin, brought by the administratrix of the estate of Nicholas Kent, in her own name, against a deputy sheriff. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The defendant, on July 3,1889, attached and took the property in question upon a writ, as the property of one White.
Read the full summary
Replevin, brought by the administratrix of the estate of Nicholas Kent, in her own name, against a deputy sheriff. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The defendant, on July 3,1889, attached and took the property in question upon a writ, as the property of one White. The plaintiff, who was appointed administratrix on June 5,1888, contended, and offered evidence tending to prove, that the property when attached by the defendant belonged to the estate, and the title to the same was in her as such administratrix; and that she…
1Opinion of the CourtKnowlton, J.
To maintain an action of replevin for goods, the plaintiff must prove his general or special property in them, and a right to immediate possession.
Upon causes of action which accrued in the lifetime of the testator or intestate, an executor or administrator must sue in *342his representative capacity, but in general, upon those founded on transactions with himself, or on injuries to property occurring after his appointment, he may sue in his own name. The fact that he is accountable for the proceeds of the suit as assets of the estate does not necessarily preclude him from maintaining an action…
2Cases cited3 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Branch v. Littleberry BranchSupreme Court of Florida · 1855
- Knox v. BigelowWisconsin Supreme Court · 1862
3Cited by5 opinions
- Grueby v. Chase Harris Forbes Corp.Massachusetts Supreme Judicial Court · 1935
- Seaver v. WestonMassachusetts Supreme Judicial Court · 1895
- Daniels v. PriestSupreme Judicial Court of Maine · 1931
- Phoenix Mutual Life Insurance v. HarrisCourt of Appeals for the D.C. Circuit · 1916
- Senter v. BurkhalterOregon Supreme Court · 1951