The-complainant’s deceaséd husband removed from bis plantation, in 1851, to a town distant about five miles, and thenceforward until his death, in lo53, resided in the town ; drawing his supplies from the plantation, having no business save the superintendence of the plantation, and no -income except from the planta-' ¿ion. -The majority of the court- are of the opinion, that the plantation of the deceased was not, within the meaning of section 1359- of the - Code, “connected with the dwelling-house where the deceased most usually-resided next before Ms death," and that the widow was not entitled to the possession of the plantation until her dower was assigned hex. They flunk, that the same reasoning which would make the plantation so connected in this case, would -producé-the same-result if the planfcatioivwere a hundred miles-distant from the residence, and would give the widow the possession, as her-quarantine, of two or more plantations within
If, however, the executor in good faith cultivated the land, and the distributees have accepted the benefit offhis use of the land;, he is entitled to a credit out of the assets for the rent which maybe recovered from him by the complainant. — McCreliss v. Hinkle, 17 Ala. 459 ; Gerald v. Bunkley, ib. 170. And if, upon the recovery by the complainant of hen rents, it should be the case, that, with the charge upon, the estate thus superadded, the amount received by the complainant, as a distributee, should exceed her share, then the defendant would be entitled to recover the excess from her. — Sellers v. Smith, 11 Ala. 264. Should the defendant have such right against the complainant, we see no reason,why the balance should not be adjusted in this case ,- and if necessary,, the pleadings may be amended for that purpose.
Reversed and remanded;