Tatum v. McLellan
Mississippi Supreme Court
Appeal and cross-appeal from the Chancery Court of Monroe County. Hon. Laeayettb Haughton, Chancellor. This litigation ivas begun by the proper representative of one of the legatees, William Raney, under the will of H. W. Allen, who died in 1855. Martha A. E. Allen, the wife of the testator, to whom he had left the estate for life, married J. D. Tatum, and then died.
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Appeal and cross-appeal from the Chancery Court of Monroe County. Hon. Laeayettb Haughton, Chancellor. This litigation ivas begun by the proper representative of one of the legatees, William Raney, under the will of H. W. Allen, who died in 1855. Martha A. E. Allen, the wife of the testator, to whom he had left the estate for life, married J. D. Tatum, and then died. Tatum had in the meantime become administrator de bonis non, cum testamento annexo, of H. W. Allen’s estate, and on appeal by him to the Supreme Court a decree rendered in the case was reversed. See Tatum v. McLellan, 50 Miss. 1.…
1Opinion of the CourtCampbell, J.
The appellant, Tatum, is not entitled to an allowance for his expénditures in making improvements on the land, but he should not be charged an increased rent, caused by the additions to the land, for which he is denied compensation. Justice will be done by charging Tatum with the rent which the land would have yielded if no improvements had been put on-it, and it had been rented as it was without them. To the extent that the rent was increased by the expenditures of Tatum he should not be required to pay it. It is enough for him to-suffer the loss of his unauthorized expenditures, without…
2Cited by9 opinions
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