70 Mo. App. 229 | Mo. Ct. App. | 1897
At the trial in the circuit court the jury not only found sufficient in defendant’s favor to satisfy the amount due on the note plaintiff had presented for allowance but awarded to the defendant the further sum of $1,701.90, and from a judgment in accordance therewith plaintiff appealed.
The trial court seems to have adopted the defendant’s theory. In our opinion this was error. The principle is as old as the common law itself that the real estate descends to the heirs; that the administrator has no title to or control over it except as given by statute for particular purposes. As said by Judge
The foregoing with other numerous authorities cited in plaintiff's brief conclusively settle that the rents accruing for the use of Norton Blake’s land, prior to his death, vested in his administrator, but that such rents and profits accruing after the owner’s death passed to the heirs and not to the administrator. The statute has, it is true, provided that the land of the deceased as well as the rents may, if necessary, be subjected to the payment of debts but until this is ordered on a proper hearing before the probate court the lands and possession thereof as well as the rents arising from,
It results then that the judgment of the circuit court must be reversed and cause remanded.