Palmer v. Steiner
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. John K. Heney. This suit was commenced by attachment on 24th September, 1878, and was brought by Dabney Palmer, as the administrator of the estate of E. M. Pinch, deceased, the appellant, against the appellees, for the recovery of rents of laud owned by bis intestate, under a contract made with the appellees during the intestate’s lifetime, but which became doe and payable after his death.
Read the full summary
Appeal from Wilcox Circuit Court. Tried before Hon. John K. Heney. This suit was commenced by attachment on 24th September, 1878, and was brought by Dabney Palmer, as the administrator of the estate of E. M. Pinch, deceased, the appellant, against the appellees, for the recovery of rents of laud owned by bis intestate, under a contract made with the appellees during the intestate’s lifetime, but which became doe and payable after his death. The appellees, by appropriate pleas, offered to set off several demands against the intestate held and owned by them at the time of his death, which, in…
1Opinion of the CourtBrickell, C. J.
The rule of the common law is, that if a lessor dies, rent which has accrued, which is due and payable, passes to the executor or administrator; rent subsequently accruing follows the reversion, and belongs to the heir. The rule here is modified by the statutes which confer on the personal representative power to intercept the descent to the heir, to take rents accruing, and to rent or sell the lands, when necessary for the payment of debts.—1 Brick. Dig. p. 937, §§ 330-33. When the power is exercised, when rent accruing is claimed by the personal representative, he has the same right and…
2Cases cited1 opinion
- Perrine v. WarrenSupreme Court of Alabama · 1830
3Cited by3 opinions
- Powell v. LabrySupreme Court of Alabama · 1923
- Oates v. SmithSupreme Court of Alabama · 1912
- Johnson v. MoxleyAlabama Court of Appeals · 1926