Whitney v. Salter
Supreme Court of Minnesota
The plaintiff, as administrator, with the will annexed, of Ann Salter, deceased, brought this action in the district court for Hennepin county, to recover the possession of certain' real estate, as a part of the estate of his testatrix.
Read the full summary
The plaintiff, as administrator, with the will annexed, of Ann Salter, deceased, brought this action in the district court for Hennepin county, to recover the possession of certain' real estate, as a part of the estate of his testatrix. On the trial, before Young, J., and a jury, it was admitted that in 1877 the owner of the land leased it to Ann Salter for the term of five years, with the right to successive renewals for terms of ten years until the end of 100 years from the date of the lease. Thereafter, and in 1877, Ann Salter died, leaving her husband, William Salter, and children…
1Opinion of the CourtMitchell, J.
The established doctrine is that a tenant for life in possession, in the purchase of an incumbrance upon, or an adverse title to, the estate, will be regarded as haying made the purchase for the joint benefit of himself"and the reversioner or remainder-man. The law will not permit him to hold it for his own exclusive benefit if the reversioner or remainder-man will contribute his share of the sum paid. If the life-tenant in such case pays more than his proportionate share, he simply becomes a creditor of the estate for that amount. 1 Washb. Real Prop. 96; Daviess v. Myers, 13 B. Mon. 511. It…
2Cited by18 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Stroh v. O'HearnMichigan Supreme Court · 1913
- Beliveau v. BeliveauSupreme Court of Minnesota · 1944
- Allen v. DeGroodtSupreme Court of Missouri · 1889
- Abney v. AbneySupreme Court of Alabama · 1913
13 more not listed; retrieve them via the Exa API.