... only a reparation for the delictum in damages to be assessed by a jury. But, where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance,... Northwestern Law Review - Side 1081895Uten tilgangsbegrensning - Om denne boken
| Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - 1808 - 526 sider
...MANSFIELD in Hdmbly v. Trott, Cowp. 376, " as for instance, the executor shall not be chargea" ble for the injury done by his testator in cutting down...another man's trees, but for the benefit arising to the tl testator for the value or sale of the trees he shall.'1 This shews clearly what the principle... | |
| 1816 - 452 sider
...is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor...testator for the value or sale of the trees he shall." So here, upon the same principle, the defendant having, beside the tort committed in taking the plaintiff's... | |
| 1816 - 644 sider
...acquired which benefits the testator, there an action for the value of the property shall survive ngainst the executor. As, for instance, the executor shall...testator for the value or sale of the trees he shall." So here upon the same principle, the defendant having, beside the tort committed in taking the plaintiff's... | |
| Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - 1817 - 686 sider
...is acquired which benefits the Testator, there an Action for the value of the Property shall survive against the Executor. As for instance, the Executor...chargeable for the Injury done by his Testator in cut ting down another man's Trees; but for the benefit arising to his Testator for the value or sale... | |
| Robert Henley Eden Baron Henley - 1821 - 514 sider
...acquired which benefits the testator, there " an action for the value of the property shall survive against the executor. As for instance, the executor...the trees, he shall. So far as the tort itself goes, an executor shall not be liable, but so far as the act of the offender is beneficial, his assets ought... | |
| 1874 - 1086 sider
...is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor...testator for the value or sale of the trees he shall." Mr. Gibb's estate derived no benefit from the misrepresentation to which he was a party, and, therefore,... | |
| Jacob D. Wheeler - 1835 - 620 sider
...is acquired which benefits the testator, (here an setion for the value of the property shall survive against the executor; as for instance, the executor...be chargeable for the injury done by his testator for cutting down another man's trees, but for the benefit arising to tis testator for the value or... | |
| Sir Edward Coke, John Henry Thomas - 1836 - 772 sider
...the term goes to his executor or administrator. But though the executor shall not be chargeable fur the injury done by his testator in cutting down another man's trees, because aclio personalia muritur cum persona ¡ yet he shall be liable, in an action for money had... | |
| Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 808 sider
...acquired which benefits the testator, there an action for the value of the property shall survive ' against the executor. As for instance, the executor...testator for the value or sale of the trees he shall." Therefore where the trespasser commits an injury, without benefit to himself, and dies, then the action... | |
| Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 804 sider
...is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As for instance, the executor...testator for the value or sale of the trees he shall." Therefore where the trespasser commits an injury, without benefit to himself, and dies, then the action... | |
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