Elliott's Admr. v. Bush

Opinion by

Judge Pryor:

The appellees were not entitled to the rents collected by the administrator or that fell due prior to1 the confirmation of the sale. The administrator may have had no right to rent the real estate in that capacity, but his response to the rule states that he was also guardian for the infant in whom was vested the legal title. Suppose, however, he had no legal power to rent; still, if he did so and it was necessary that this part of the estate should be applied to the payment of debts, the appellant would be liable for the rent collected and could be required to pay it to…