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" ... 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,... "
Reports of Cases Argued and Determined in the Court of King's Bench: With ... - Stran 194
1816
Celotni ogled - O knjigi

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 strani
...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...
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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 strani
...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...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...
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A Treatise on the Law of Injunctions

Robert Henley Eden Baron Henley - 1821 - 514 strani
...which benefits the testator, there " an action for the value of the property shall survive against the executor. As for instance, the executor shall...testator for the value or sale of 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...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1874 - 1086 strani
...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...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,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Količina 5

Jacob D. Wheeler - 1835 - 620 strani
...acquired which benefits the testator, (here an setion for the value of the property shall survive against the executor; as for instance, the executor shall...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...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Količina 3

Sir Edward Coke, John Henry Thomas - 1836 - 772 strani
...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...
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Reports of Cases Argued and Determined in the High Court of ..., Količina 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 808 strani
...which benefits the testator, there an action for the value of the property shall survive ' against the executor. As for instance, the executor shall...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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Reports of Cases Argued and Determined in the High Court of ..., Količina 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 826 strani
...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...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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The Law of Executors and Administrators

Sir Samuel Toller - 1838 - 620 strani
...an action for the use and hire of the horse will lie against the executor, (o) Nor is the executor chargeable for the injury done by his testator in...another man's trees ; but for the benefit arising to the testator from the value or sale of the trees, he may be called upon to answer, (p) Nor will trover...
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Reports of Cases Argued and Determined in the Court of King's Bench: And ...

Graham Willmore, Great Britain. Court of King's Bench, Frederick Luard Wollaston, Henry Davison - 1839 - 780 strani
...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...testator, for the value or sale of the trees, he shall." The former part of this example illustrates the operation of the recent statute ; in the latter, which...
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