Judges: JONES, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 02, 2020
Summary: Jermyn, e contra . An executor shall not be charged for an escape, although he may have an action upon it. So an account lies for, but not against, him. Although it is a personal action, and it died with the person of the testator at common law, yet it is otherwise now, for it is within the statute de bonis asportatis . As replevin lies for an executor for a taking in the life of the testator. F. Executor, 106, and F. account, 257; 7 H., 4, 25. But he cannot have an action of trespass unless wit
Summary: Jermyn, e contra . An executor shall not be charged for an escape, although he may have an action upon it. So an account lies for, but not against, him. Although it is a personal action, and it died with the person of the testator at common law, yet it is otherwise now, for it is within the statute de bonis asportatis . As replevin lies for an executor for a taking in the life of the testator. F. Executor, 106, and F. account, 257; 7 H., 4, 25. But he cannot have an action of trespass unless with..
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But I will not say it would be so if the escape was after a capias adsatisfaciend.
DODERIDGE and WHITLOCK, JJ. Bona et catalla are properly personalchattles, but *by equity this has been extended to the realty, as ravishment of ward, ejectione firmae, quare impedit, trover, and conversion.
The court say they would determine the point, one way or the other, in the course of the term.
Nota. The statute extends to a tort, to the personal estate, but not to an injury to the person, or inheritance, as waste, etc. 1 Roll., 913; Noy, 87; Jones, 173; Poph., 189; Bendl., 200; 3 Car., 297; 1 Car., 141, 207.
