2 Ga. App. 119 | Ga. Ct. App. | 1907
Mrs. Eliza Story had a life-estate in certain lands; she rented them to the plaintiff in error, Jesse C. Story, for the year 1905, and took from him, for the rent, a negotiable promissory note; she died February 20, 1905, having previously transferred to another the rent note. Butt, the defendant in error, was the remainderman, or rather, by purchase, he succeeded to all the rights of a remainderman, and for the purposes of the case may be regarded as such. In the fall of 1905 Butt demanded payment of the , rents of Jesse Storjr, who refused, having paid them to the holder of his rent note. Butt sued out a distress warrant and Story defended. The ground had been plowed at Mrs. Story’s death, but the crop had not been planted. The trial court held, that although Jesse Story was, as undertenant of the life-tenant, entitled to possession of the lands until the end of the year, yet since the life-tenant had died prior to the sowing of the crops, the remainderman was entitled to the rent- for the year; and that Butt might maintain the distress warrant against Jesse Story, notwithstanding he had paid the rents to the holder of his rent note. Under the holding of the trial court there was a verdict in. favor of Butt; and Story brings error.
Those having occasion to pursue the common-law phases of this question further may profitably examine the following cases: Ex parte Smythe, 1 Swan, 337, and cases cited in the footnotes; Hawkins v. Kelly, 8 Ves. Jr. 308, and cit.; Pagett v. Gee, 9 Mod: 482; Bockingham v. Penrice, 1 P. Wms. 177; Jenner v. Morgan, 1 P. Wms. 392; Clun’s Case, 10 Ves. 127; Duppa v. Mayo, 1 Saund. 282, and cit.; Plymouth v. Throgmorton, Salk. 65; Price v. Pickett, 21 Ala. 741; Marshall v. Mosely, 21 N. Y. 280. Judgment reversed.