Layfield v Layfield
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1834 |
| Date | 17 November 1834 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 802
HIGH COURT OF CHANCERY
S. C. 4 L. J. Ch. 2.
Account. Executor de son Tort.
[172] layfield v. layfield. Nov. 17, 1834. [S. C. 4 L. J. Ch. 2.] Account. Executor de son Tort. Payments made by an administrator de son iort, pending a suit for an account of an intestate's estate, to a person who took out administration after the institution of the suit and was thereupon made a Co-defendant, will not be allowed. The bill was filed for the usual accounts of an intestate's estate against Thomas and John Layfield, who had possessed part" of the intestate's assets without having taken out administration to him. Afterwards, Robert Layfield, the father of Thomas and John, took out administration to the intestate, and, thereupon, he was made a Defendant. Pending the suit, but before the decree, the sons paid to their father certain sums on account of the assets possessed by them. On taking the accounts directed by the decree the Master refused to allow them those payments; upon which they excepted to the report. Mr. Chiug, in support of the exception, referred to Perry v. Phelips (10 Ves. 34) and Maliby v. Russell (2 Sim. & Stu. 227). Mr. Knight and Mr. Parker, in support of the report, contended that the cases cited had no application : and that, as the payments were made pending the...
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