Boynton v. McEwen
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by the only child and heir-at-law of James A. McEwen, deceased, against Henry B. Boynton, who was the administrator of said decedent; and was commenced on the 14th October, 1858. The object of the suit was, to recover the rents of a certain house and lot in Cahaba, known as the “Burnett house,” wdncli the defendant,as administrator de bonis non, had rented out, under an order of…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by the only child and heir-at-law of James A. McEwen, deceased, against Henry B. Boynton, who was the administrator of said decedent; and was commenced on the 14th October, 1858. The object of the suit was, to recover the rents of a certain house and lot in Cahaba, known as the “Burnett house,” wdncli the defendant,as administrator de bonis non, had rented out, under an order of the probate court, from the 20th August, 1855, until the 1st February, 1858 ; which rents the defendant had received,…
1Opinion of the CourtA. J. Walken, C. J.
The defendant, being the administrator of an insolvent estate, rented out the land of the estate at public auction, until it was sold under a mortgage, given by his intestate, and appropriated the money received for rent to the discharge of the debts and expenses of administration. The heir sues in this case to recover the rent so collected and paid over; and we decide that the action cannot be maintained.
The Code, in section 1737, devotes the whole property of the decedent, with the exceptions specified in section 1738, to the payment of his debts; and, in section 1751, authorises.the…
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