Mitchell v. Rutherford

Dickinson, who had a life-estate in land, rented the land to the remainderman, Eutherford, taking his two negotiable rent notes for the year 1908, and Eutherford went into possession as undertenant. The life-tenant died January 20, 1908, before any part of the rent was due. He was indebted to Mitchell for money advanced to him, and on an account, and, to secure this indebtedness, he transferred . to Mitchell the two negotiable rent notes. When these - notes matured, Mitchell brought suit against Eutherford, claiming that he was entitled to recover the full amount of the notes, first, because…