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" 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, the executor shall not be chargeable for the injury done by his testator... "
A Treatise on the Law of Injunctions - Σελίδα 213
των Robert Henley Eden Baron Henley - 1821 - 453 σελίδες
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Reports of Cases Argued and Determined in the High Court of Chancery in ...

Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - 1808 - 526 σελίδες
...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...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 3

1816 - 452 σελίδες
...of the horse will lie against the executor." And again, — " But where, beside the crime, property is acquired which benefits the testator, there an...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...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 3

1816 - 644 σελίδες
...hire of the horse will lie against the executor." And again, " But where, beside the crime, property is 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 not be chargeable for the injury done by...

Reports of Cases Argued and Determined in the Court of the Vice Chancellor ...

Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - 1817 - 686 σελίδες
...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...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...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1874 - 1086 σελίδες
...in Courts of law. As Lord Mansfield said in Hambly v. '/'/•••// (ubi supra), " Where property is acquired which benefits the testator, there an...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,...

A Practical Abridgment of American Common Law Cases Argued and ..., Τόμος 5

Jacob D. Wheeler - 1835 - 620 σελίδες
...jury. But where besides the crime, property is acquired which benefits the testator, (here an setion for the value of the property shall survive against...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...

A Digest of the Laws of England Respecting Real Property, Τόμος 1

William Cruise - 1835 - 502 σελίδες
...yet Garth n.Cotton, if the tort or injury is of such a nature as that thereby property is gi c '" ' acquired which benefits the testator, there an action...of the property shall survive against the executor (m) at law, for 546. legal waste ; and that equity would decide in respect of equitable waste, in analogy...

A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Τόμος 3

Sir Edward Coke, John Henry Thomas - 1836 - 772 σελίδες
...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...

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 804 σελίδες
...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...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...

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 808 σελίδες
...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...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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