ActioN of assumpsit, tried before bis Honor, Judge Ellis, at the Eall Term, 1856, of Cherokee Superior Court. The plaintiff declared on the defendant’s promise, made in the city of Washington, for board and lodging there furnished him. The defendant pleaded the general issue.
Decided 1857-08-05
Pearson, J.
¶1
We concur in the opinion of his Honor, for the reason given by him. When a plaintiff
declares as ad-minisbi'ator,
profert of the letters of administration is made in the declaration, and no proof in respect to that fact is required on the trial; but when a plaintiff declares
in his own right,
as for a trespass, or for trover, after the property had come to his possession, the fact of his being administrator, constitutes a link in his chain of title, and is put in issue, and must be proved on the trial; no profert of the letters of administration being set out in the declaration. This is a well settled distinction.
