ELLIGOOD v. SMITH, 1 Del. Cas. 35 (1794)

Wilson’s Red Book, 34

WILLIAM ELLIGOOD v. H. SMITH and WILLIAM BONESS, Executors of James Lowry.

Court of Common Pleas of Delaware.
April, 1794.

Page 36

Question. Whether trover is maintainable against executors for a conversion in the lifetime of testator.

James P. Wilson for defendants.

William Peery for plaintiff.

The Court are of opinion that an action of trover is not maintainable against executors for a conversion in the lifetime of the testator, considering the law on that subject to be well settled in the case o Hambly against Trott reported in Cowp. 375.

(Signed and vide the records.),

RICHARD BASSETT THOMAS McDONOUGH DANIEL RODNEY