Beezley v. Burgett
Supreme Court of Iowa
Appeal from Warren District Court. Ward, as tbe guardian of Joseph Beezley, rented a certain farm to defendant. Before tbe expiration of tbe term Joseph died, and plaintiff was appointed bis administrator. Defendant held over after tbe termination of tbe lease, and this action of forcible detainer is brought'by the said administrator.
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Appeal from Warren District Court. Ward, as tbe guardian of Joseph Beezley, rented a certain farm to defendant. Before tbe expiration of tbe term Joseph died, and plaintiff was appointed bis administrator. Defendant held over after tbe termination of tbe lease, and this action of forcible detainer is brought'by the said administrator. Tbe justice sustained a demurrer to tbe petition, which developed tbe above facts, and, on error to tbe District Court, this ruling was reversed, from which defendant appeals. relied upon tbe following authorities: Lepage et al. v. McNamara, 5 Iowa, 138; Foteaux…
1Opinion of the CourtWright, J.
It is not pretended, of course, that, at common law, tbe plaintiff could maintain tbe action. Indeed, the proceeding is so anomalous that we have been most reluctant to sustain it We know that at common *193law the administrator succeeds to the personal estate, and that the real estate, if not otherwise disposed of by will, descends to the heirs; that the administrator has no right to recover the .rents and profits accruing after the death of the intestate; and that, as a rule under the statute, it is only when it is necessary to procure the payment of debts that he can exercise any control over…
2Cases cited3 opinions
- Lepage v. McNamaraSupreme Court of Iowa · 1857
- Jameson v. Smith's executorsCourt of Appeals of Kentucky · 1816
- Wright v. WilliamsNew York Supreme Court · 1826
3Cited by6 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- Dexter v. HayesSupreme Court of Iowa · 1893
- Kellum v. BalkumSupreme Court of Alabama · 1890
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