Ham v. Henderson

Citations

• 50 Cal. 367

Syllabus

<p>Dissolution of an Attachment.—The death of a person after the levy of an attachment on his property dissolves the attachment.</p> <p>Tboveb by an Administbatob.—An administrator may bring an action of trover in his own name to recover the value of personal property belonging to the estate, tortiensly taken after the death of the intestate and before letters were issued.</p> <p>Demand in Case of Tboveb.—If the taking of personal property is tortious, no demand is necessary before bringing suit.</p> <p>Complaint in Tboveb by an Administbatob.'—In an action of trover brought by an administrator to recover the value of personal property belonging to the estate and converted by the defendant, an averment in the complaint, that the estate owned and possessed the property, is equivalent to an averment that the administrator owned and possessed it.</p> <p>Tboveb.—An administrator has a special property in the personalty of the estate, which enables him to bring trover to recover its value when converted.</p>