Watson And Wife, Administratrix, and Co of Maxwell v King: 14 Dec 1815

Trover lies for an undivided part of a chattel. A power of attorney, though coupled with an interest, is instantly revoked by the death of the grantor, and an act afterwards bona fide done uuder it, by the grantee, before notice of the death of the grantor, is a nullity. If a plaintiff suing in trover as administrator is so described on the face of the declaration, and makes a profert an curia of the letters of administration, it is unnecessary, on not guilty pleaded, to produce them at the trial, although the cause of action accrued after the death of the intestate. The official letter of the commander of a convoy to the Admiralty, at the end of the voyage, seems good evidence of the facts therein stated respecting the ships under convoy.


[1815] EngR 1145, (1815) 4 Camp 272, (1815) 171 ER 87




England and Wales

Cited by:

CitedKimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.336955