Pruitt v. Holly
Supreme Court of Alabama
Appeal from Lowndes Chancery Court, Heard before Hon, Jno. A. Foster. As amended, this was a bill in equity by Emma Holly against McCormick Pruitt, and against J. Gf.
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Appeal from Lowndes Chancery Court, Heard before Hon, Jno. A. Foster. As amended, this was a bill in equity by Emma Holly against McCormick Pruitt, and against J. Gf. Senterfit and others, lieirs at law of W. D. Senterfit,[deceased; was filed on 8th April, 1879; and the case made thereby may be briefly stated as follows :* Prior to 1867, W. D. Senterfit died seized and possessed of a tract of land situate in Lowndes county, in this State, which was afterwards, in the year 1867, sold by the administrator of his estate, under a decree of the probate court. The sale was reported to the court,…
1Opinion of the CourtBeickell, C. J.
— 1. It is the duty of a tenant for life to keep down ordinary charges for taxes. lie can not suffer them to become delinquent, the estate sold for their payment, and become its purchaser, divesting the estate in reversion or remainder. — Claims v. Chabert, 3 Edw. Ch. 312; 4 Kent’s Com. 79. This duty devolved upon the appellant Pruitt, when he succeeded to the life-estate of Mrs. Lee, and it would be inequitable to allow him to set up any title derived from a sale of the lands for the payment of taxes, to defeat the estate in reversion.
2. The decree rendered in the suit of Georgia Eeese for a…
2Cases cited3 opinions
- Cairns v. ChabertNew York Court of Chancery · 1839
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Anderson's Adm'r v. BradleySupreme Court of Alabama · 1880
3Cited by10 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Johns v. JohnsSupreme Court of Alabama · 1890
- Salter v. OdomSupreme Court of Alabama · 1940
- Draper v. SewellSupreme Court of Alabama · 1955
- Webb v. BallardSupreme Court of Alabama · 1892
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