Jackson v. Hubbard
Supreme Court of Connecticut
Replevin for property attached, brought to the Superior Court in Hartford County, and tried on the general issue, closed to the court, before Pardee, J. The plaintiff sued as trustee for Louisa B. Jackson, his wife.- They were married in 1860. The property replevied consisted of hay, grain and tobacco raised by the wife, at her expense, on land in the town of Cromwell, which was conveyed to her in 1864 in exchange for land in Hartford purchased by her in 1863, and paid for…
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Replevin for property attached, brought to the Superior Court in Hartford County, and tried on the general issue, closed to the court, before Pardee, J. The plaintiff sued as trustee for Louisa B. Jackson, his wife.- They were married in 1860. The property replevied consisted of hay, grain and tobacco raised by the wife, at her expense, on land in the town of Cromwell, which was conveyed to her in 1864 in exchange for land in Hartford purchased by her in 1863, and paid for in part with money belonging to her at her marriage, and in part with money inherited by her afterwards. At the time of…
1Opinion of the CourtButler, J.
The first question presented, upon this record is, whether a trustee can maintain the action of replevin where the trust property is attached in a suit against him as an individual and as his individual property. We see no objection to the maintainance of such a suit; conceding that under our statute he could not maintain it in his individual capacity, we think he could maintain it in his capacity as trustee. The law distinguishes between the capacities, and makes him, as it would an executor, quoad the property, a person “ other than the defendant ” in the original suit, within the true…
2Cases cited1 opinion
- Sullivan v. MartinSupreme Court of Connecticut · 1909
3Cited by3 opinions
- FreemanSupreme Court of Connecticut · 1897
- Joseph v. DonovanSupreme Court of Connecticut · 1933
- Sanford v. AtwoodSupreme Court of Connecticut · 1876