Lamine v. Dorrell
Court of Queen’s Bench
92 Eng. Rep. 303 (1705)
J.S. held certain debentures and died intestate. The defendant pretended to be someone else and as a result got administration powers over the estate, enabling him to take possession of the debentures. He then sold the debentures. Subsequently, his administration powers were removed and granted to the plaintiff. The plaintiff then brought this suit against the defendant for the amount for which he sold the debentures. The defendant argued that because he was the administrator of the estate at the time of the debenture sale and thus had an interest in the debentures, assumpsit was not an appropriate action.
Rule of Law
Holding and Reasoning (Powell, J.)
Concurrence (Holt, C.J.)
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