Bourn

The action is trover, to recover of the defendants, who are executors of the estate of Wm. B. Bourn, deceased, the value of certain two hundred shares of mining stock sold by the defendant Pinkham while he was special administrator of the estate, duly appointed by the Probate Court. The sale of the stock, which was made by Pinkham in August, 1874, produced only three thousand five hundred dollars, but in September following, its market value was upward of ten thousand dollars.

It is alleged in the complaint that in June, 1874, the plaintiff was the owner of the two hundred shares of mining stock, evidenced by a certain certificate therein mentioned; that under these circumstances, he borrowed of Wm. B. Bourn, then in life, four thousand and fifty dollars, and as security for its repayment delivered to him the stock as a pledge; that on the 24th day of July next thereafter, the said Bourn departed this life, and on the 3d day of August following, the defendant Pinkham became the special administrator of his estate, and shortly afterwards, coming *618 into the possession of the pledge, Pinkham, as such special administrator, sold it for a sum not mentioned in the complaint, and…