Kerby v. Quinn
Kerby v. Quinn
Opinion of the Court
This case presents the question, whether an administrator, who has never had possession of the goods of his intestate, can maintain trover in his own name for a conversion, after the death of the intestate. The general rule is, that the owner of a chattel, entitled to immediate possession, may maintain trover against a wrong doer. The legal effect of the granting administration, is to vest in the administrator the legal estate in all the intestate’s personal property, and this has relation back to the death of the intestate. He is the legal owner, and the letters of administration is the evidence of his title. Hence, for a conversion in his own time, he must always produce and give in evidence the letters of administration. — (Browning v. Huff, 2 Bail. 174.) — It is the evidence of his title and cannot be dispensed with. The plaintiff is required in trover to set out his title in his declaration. It is sufficient to maintain the action, to allege and prove that he is the owner of the chattel sued for. If he prove bn the trial that A. B. was the owner and that he is the administrator of A. B., he establishes the title in himself, as fully as if he had proved that A. B. in his life time had conveyed the property to him by deed. The letters of
The motion is refused.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.