Smith v. Byers
Smith v. Byers
Opinion of the Court
September 30, 1915. The opinion of the Court was delivered by For the reasons assigned by his Honor, the Circuit Judge, the judgment of the Circuit Court is affirmed.
MESSRS. JUSTICES WATTS and GAGE concur in the opinion of the Court.
MR. JUSTICE HYDRICK. I concur in the result, because I do not agree to the proposition that the exclusive possession of a life tenant may not inure to the benefit of remaindermen.
MR. JUSTICE FRASER was disqualified, and did not sit in this case.
Opinion of the Court
The opinion of the Court was delivered by
For the reasons assigned by his Honor, the Circuit Judge, the judgment of the Circuit Court is affirmed.
Concurring Opinion
I concur in the result, because I do not agree to the proposition that the exclusive possession of a life tenant may not inure to the benefit of remainder-men.
Reference
- Full Case Name
- Smith Et Al. v. Byers Et Al.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Sale op Lands por Payments op Debts. Parties. Executors and Administrators. Devisees. Presumption as to Possession. 1. Judgments — Executors and Administrators — Devisees. — Where lands of a testator have not passed into the actual and exclusive possession of devisees, at the time a judgment is obtained against the executor upon a debt of their testator, in action to which the devisees were not parties, they may be sold under execution issued on such judgment. 2. Real Property—Presumption as to Possession.—Where a devisee, who is also executor, is in possession of lands of the testator, he must be regarded until the debts of the estate are paid to be holding as executor for the protection of creditors as well as for the benefit of the estate. 3. Real Property—Estate Lands—Sales for Payment op Debts— Parties.—Devisees who have never acquired possession of lands devised to them, but'in the possession of the executor, , are not necessary parties to an action to sell the lands for payment of the testator’s debts.