Mr. Justice Moreron's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 22
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
mr. justice moreron's case. Fide 1 Salk. 12. 4 Mod. 403. 1 Sid. 88, 407. Eaym. 57. 2 Keb. 502. He brought debt as executor upon 2 Ed. 6, for not setting forth of tithes due to the testator. Upon non debet pleaded, and a verdict for him, it was moved in arrest of judgment, that this being a forfeiture given by the statute for a tort done to the testator, it could not be brought by the executor. To which it was answered, that this action was maintainable within the equity of the statute 4 Ed. 3, that gives the executor trespass de bonis asportatis in vita testatoris. So an ejectione firm* lies upon an ejectment done to the testator, and trover and conversion, where the conversion was in the time [31] of the testator. 1 Cro. adjudged, that an executor may bring an action upon the case against the sheriff, for an escape upon mesne process suffered in his testator's life-time. And the Court were clear of opinion for the plaintiff, and said, it had been formerly resolved so in the Exchequer-Chamber. But this action does not lie against executors for their testators not...
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...because then the neglect would have been accounted for." In () On stat. 2 & 3 Ed. 6, c. 13, s. 1. See Mr. Justice Moreton's case, 1 Vent. 30. S. C. 1 Sid. 407. Roll v. Bradford, 1 Sid. 88. (a) 1 Str. 212. S. C. more fully, as to this point, 9 Vin. Abr. Distress (0, 3). (6)1 The statute adds......
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