48 Iowa 568 | Iowa | 1878
I. The petition alleges that plaintiff and defendants are children and heirs at law of Sylvanus M. and Eunice Janes, deceased; that plaintiff, for more than nine years -after he attained his majority, lived with his parents and supported them by his labor upon their farm, under an agreement that he was to be paid therefor in land, and subsequently it was agreed that plaintiff was to have the farm upon which the family lived; that, in pursuance of this agreement, he .rendered service to his parents which, with interest, amounted to three thousand two hundred and fifty-nine dollars, and that defendants, after the death of their parents, instituted proceedings in partition, wherein the shares of the heirs in the land were set apart to each, plaintiff being allowed one-third thereof. The relief claimed is, that judgment be rendered in favor of plaintiff for the amount of his claim, which shall be -declared a lien upon the land set apart to the defendants.
The answer of defendants denies the allegations of the petition, and puts in issue plaintiff’s services, the contract alleged under which they were rendered, and alleges that plaintiff lived with the parents as one of their family, and never had any claim against them for compensation for his labor.
It is also shown that in this partition suit plaintiff set up a claim for the land based upon the contract and services set out in his petition, which was adjudged against him in the final decision of the case, and that plaintiff took out letters of administration upon the estate of his father, and took no steps to make the claim a charge against the estate, although there were personal assets in his hands as administrator.
In their cross-bill defendants claimed to recover for the rent of the land accruing prior to the partition, and subsequent
Whether an action may be brought in this State against an heir for the debt of his ancestor is a question not argued in this case. We will not pass upon it. See Bingham on Descents, § 9, p. 271, as to the right to prosecute such an action.
But, whatever be the law of this State upon this subject, we think plaintiff is not entitled to prosecute this action. As administrator of the estate of his deceased parent, he held assets which could have been appropriated to the payment of his claim had it been duly allowed. Ho failed to take any steps for its allowance, or to set it up in any manner as a.
TV. The defendants insist that they are entitled to a judgment upon their cross-bill for the rents of the land. During the time for which they claim rent the parties were tenants in common; defendants, therefore, cannot recover, having failed to show an agreement under which they are entitled to rent, a demand for the possession of the land, or the receipt of rent by plaintiff from another. Reynolds v. Wilmeth, 15 Iowa, 693.
We conclude that the decree of the Circuit Court ought to be
Affirmed.