McIntosh v. Rutland
Mississippi Supreme Court
McIntosh v. Rutland, 88 Miss. 718 (Miss. 1906)
41 So. 372
Aviiiteield
McIntosh v. Rutland
Opinion of the Court
delivered the opinion of the court.
The instrument in this case evidencing the agreement as to the sale of the timber is a plain contract, and not a mere option af” all. The interest in the proceeds of the timber, upon the death of the wife, descended to the husband and daughter. The husband, for a valuable consideration, assigned his entire interest away. It is averred in the bill that there are no other assets belonging to the estate, except the interest in the proceeds of this timber. On this state of facts, averred in the bill, it is perfectly manifest that the demurrer should have been overruled.
The decree is reversed, the demurrer overruled, and cause remanded for answer within thirty days from filing of mandate in the court below.
Reference
- Full Case Name
- Daniel A. McIntosh v. Henry C. Rutland, Administrator
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Lands. •Sale of timber. Executors and admimstrators. Distribution. Where a husband and wife owned lands jointly and sold the timber thereon, the wife departing this life shortly thereafter, and her administrator collected the purchase money: (a) The heirs of the wife, the rights of her creditors not intervening, are entitled to her share of the funds; and (5) The husband being one of her heirs, his assignee has a status in the court where the administration is pending to compel distribution by the administrator. 2. Same. Option. A contract for the sale of timber on land, giving the purchaser the right to enter, cut and remove the same in case the grantors failed to deliver it to the grantee, is not a mere option.