Rubottom v. Morrow

This was a suit against an administrator, with the will annexed, for waste and mal-administration. The judgment below was for the defendant. The cause was tried by the court, a jury having been waived. The facts were found specially, and we think that the evidence was sufficient to justify the findings.

*203But there are two questions of law in the record, which demand our consideration.

1. A mill, which was lease-hold property, was destroyed by accidental fire, being, at the time it was burned, let to responsible parties, who, by the terms of their lease, were bound to repair, but who became…