Masterson v. Girard's Heirs
Supreme Court of Alabama
Writ of error to the County Court of Mobile. COVENANT by A. A. and A. J. Girard, as heirs of Edward Girard, deceased, against Masterson, on a lease executed by Masterson to the decedent, in his life, for a tenement in the city of Mobile, reserving a monthly rent of $25, from the 1st July, 1839, to the 1st July, 1844. The declaration is in the usual form, and avers the breach in not paying the rent to the plaintiffs after their ancestor’s death, which is averred to have…
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Writ of error to the County Court of Mobile. COVENANT by A. A. and A. J. Girard, as heirs of Edward Girard, deceased, against Masterson, on a lease executed by Masterson to the decedent, in his life, for a tenement in the city of Mobile, reserving a monthly rent of $25, from the 1st July, 1839, to the 1st July, 1844. The declaration is in the usual form, and avers the breach in not paying the rent to the plaintiffs after their ancestor’s death, which is averred to have happened on the 1st January, 1840, and that afterwards, from thence to 1st November of the same year, ten months rent were in…
1Opinion of the CourtGoldthwaite, J.
It seems not to admit of question that by the common law the heir succeeds to rents reserved by his ancestor out of the inherited estate, and may sue for those which fell due after the death of the ancestor. [1 Lomax Dig. 546, § 15; Wright v. Williams, 5 Cowen, 501.] This indeed is not denied, but the defendant insists the rule is different in consequence of the act of 1839. By 'that it is made lawful for administrators and executors to rent, at public outcry, the real estate of any decedent, until a final settlement of said decedent’s estate is effected; and the proceeds shall be assets in…
2Cited by22 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Landford v. DunklinSupreme Court of Alabama · 1882
- Waddell v. LanierSupreme Court of Alabama · 1878
- Streeter v. PatonMichigan Supreme Court · 1859
- Whorton v. MoragneSupreme Court of Alabama · 1878
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