Stewart v. Smiley
Supreme Court of Arkansas
APPEAL from St. .Francis Circuit Court. Hon. M. T. Sanders, Circuit Judge. To support the action of attachment to enforce a lien for rent, the relation of landlord and tenant must exist. As to who and what a tenant is, see Wood on Land, and Ten., see. 1. The appellee was not the landlord of appellant; he was the tenant of the heirs, and could not attorn to a stranger, or change his relation.
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APPEAL from St. .Francis Circuit Court. Hon. M. T. Sanders, Circuit Judge. To support the action of attachment to enforce a lien for rent, the relation of landlord and tenant must exist. As to who and what a tenant is, see Wood on Land, and Ten., see. 1. The appellee was not the landlord of appellant; he was the tenant of the heirs, and could not attorn to a stranger, or change his relation. The relation of landlord and tenant once being fixed, is a covenant which runs with the land. IS., secs. S10, §09. The debts having been paid, the administrator de bonis non had no concern or interest in…
1Opinion of the Court
OPINION.
Cock'rill, C. J.
1. Administrator: Necessity for appointment. It is probable that there was no real necessity for the appointment of an administrator de bonis non — at least none is apparent from the record. The probate court, having jurisdiction in the matter, has adjudged, however, that the necessity existed, and that adjudication is conclusive in a collateral issue. Adams v. Thomas, 44 Ark., 267.
Conceding that the appellee is the lawful administrator of the estate, his authority to sue for the rents of the real estate does not follow. The statute confers the power upon an…
2Cases cited1 opinion
- Hansen v. PrinceMichigan Supreme Court · 1881
3Cited by22 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Cranna v. LongSupreme Court of Arkansas · 1955
- Burton v. GormanSupreme Court of Arkansas · 1916
- Roth v. HollandSupreme Court of Arkansas · 1892
- Lambert v. TuckerSupreme Court of Arkansas · 1907
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