47 A. 414 | N.H. | 1899
The finding of the court that the rental remained the same after 1873, and that George collected the rents during the years for which the plaintiffs seek to recover, was justified by the evidence. "A state of things once shown to exist is presumed to continue until something is shown to rebut the presumption." Wells v. Burbank,
The plaintiffs say that the rents in question were collected by George, either as executor de son tort, or as a cotenant, and that in either event they are entitled to recover their shares from his estate. An executor de son tort is one who intermeddles with the personal property of a deceased's estate before an administrator has been appointed. Will Ex. (6th ed.) 296; Schoul. Ex. (2d ed.), s. 184; Leach v. Pillsbury,
In the absence of evidence as to the law of Alabama respecting the descent of real estate, it is assumed that the common law obtains. At common law real estate does not pass to the administrator, but descends to the heirs, who hold it as tenants in common. If one tenant collects the rents, he is bound to account therefor to his cotenants in assumpsit or some other appropriate form of action. Gage v. Gage,
Case discharged.
BLODGETT, C.J., did not sit: the others concurred.