Critica juris ingeniosa: or Choice cases in the common-law never published by any other author. Digested under alphabeticall heads by H.B. Esq; optimum est quod quæritur.

Administrator.

After the death of the Intestate, A: gets the goods, and gives them to B: and after Letters of Administration are granted to A: he shall not take the Goods out of the possession of B: for the Law saies, by the first taking the Goods, he had them to the use of the Intestate; for he shall be charged as Executor de son tort. And he is to have the Goods in the same capacity. But it is otherwise if A: takes the goods of B: tortiously and gives them to C: and then B: makes A: his Executor. But in the principal case, if A: releaseth to a Debtor of the Intestate after admini∣stration committed to him, he may have an Action; for of a chose in action a man cannot gain a possession. If a Lease is made to begin at Easter, and before Easter A: grants it over, and before Easter the Lessee dies, and A: takes administration to the Lessee, and grants it over to another,

the second Grantee shall enjoy it. If a Rent charge is granted for years, and A: compels the Tenant to pay it to him, and then he grants it over, and takes Letters of Administration to the first Grantee, he shall avoid his own Grant: for the posses∣sion which he had usurped shall not be esteemed the possession of the same term; but it shall be said a voluntary payment of the Tenant: for none can be said to have the Rent but he that had right to it.