Hoagland v. Crum

• Court: Illinois Supreme Court
• Writing for the Court: Mr. JUSTICE SCOTT delivered the opinion of the Court:
• Citation: Hoagland v. Crum, 113 Ill. 365, 55 Am.Rep. 424 (Ill. 1885)
• Decision Date: 30 March 1885
• Parties: HENRY H. HOAGLAND et al.v.JOHN W. CRUM.

113 Ill. 365

55 Am.Rep. 424

HENRY H. HOAGLAND et al.

v.JOHN W. CRUM.

Supreme Court of Illinois.

Filed at Springfield Mar. 30, 1885.

OPINION TEXT STARTS HERE

APPEAL from the Appellate Court for the Third District;--heard in that court on appeal from the Circuit Court of Menard county; the Hon. CYRUS EPLER, Judge, presiding.

Mr. T. W. MCNEELEY, and Mr. S. H. BLANE, for the appellants:

The rents for the year ending on March 1, 1882, were certainly due to somebody. These rents, falling due after the death of the lessor, could not go to her personal representatives, nor could such rents go to the personal representatives of Martin Hoagland, late owner of the fee. Rent falling due after the death of the lessor is a chattel real, and descends with the land to the heirs, and not to the executor or administrator. Green v. Massie, 13 Ill. 363; Crosby v. Loop, Id. 626; Foltz v. Sprouse, 17 Id. 487; Dixon v. Nicholls, 39 Id. 372.

Accruing rents for the use and occupation of land, and which do not become due till after the death of the lessor, are a chattel real, which descends to the owner of the reversion.

Messrs. MORRISON & WHITLOCK, for the appellee:

If any rent be recoverable for the time from March 1 to November 1, 1881, the right would be in Fannie M. Nance, administratrix with the will annexed, and not in the heirs of Martin Hoagland, deceased, appellants in this case. The right being in her as such administratrix with the will annexed, her release of the errors, as set forth in the plea filed, is a good reply to the assignment of errors. Henrichsen v. Van Winkle, 21 Ill. 274.

But we say that no rent was due to any one. None can be recovered for the year 1881. The rent began March 1, 1881, and the lease was for one year. The life estate of the lessor fell, in November of that year. Where no time is fixed for the payment of rent, the rent is due at the end of the year. Perry v. Aldrich, 13 N. H. 343.

The contract was broken by the death of Louisa A. Hoagland, because her title expired with her life, and this being so, the right of Crum to occupy ceased, and neither the heirs of Martin Hoagland, deceased, nor the personal representative of the lessor, had any right of recovery. Brudell v. Roberts, 2 Wils. 143; Hammond on Parties, 157; Clune's Case, 10 Coke, 127; Paget v. Gee, Ambl. 198; Jenner v. Morgan, 1 P. Wms. 392; Edwards v. Countess of Warwick, 2 Id. 176; Hay v. Palmer, 3 Id. 502.

If one lease lands for a term of years, rendering rent annually, and the tenant be evicted between rent days, the lessor shall have no rent for that year. Countess of Plymouth v. Throckmorton, 1 Salk. 65.

Rent will not be apportioned as to time, where the lease is terminated by the expiration of the title of the lessor. Taylor on Landlord and Tenant, sec. 387; Perry v. Aldrich, 13 N. H. 343; Wood v. Partridge, 11 Mass. 488; Fishburg Manf. Co. v. Melvin, 15 Mass. 270. This is because the contract is an entire thing. The contract was first broken by the lessor by the failure of the title, and hence the right to occupy ceased before the end of the year.

Where the landlord terminates the lease during the year, although it be done under a provision in the lease giving him that right, he can not recover rent for any part of that year. Zule v. Zule, 24 Wend. 76; 35 Am. Dec. 600; Nellis v. Lathrop, 34 Id. 284; Wood on Landlord and Tenant, sec. 476; 1 Williams on Executors, 703, et seq., and cases cited.

Mr. T. W. MCNEELEY, and Mr. S. H. BLANE, for the appellants, in reply, contended that the rule of the common law on this subject is not adopted, being inapplicable to the habits and conditions of our society, and as not being in harmony with the genius and objects of our institutions. Boyer v. Sweet, 3 Scam. 130.

The statute of this State was made for such a case as this, and gives a right of action. Hurd's Stat. 1883, chap. 80.

Mr. JUSTICE SCOTT delivered the opinion of the Court:

This suit was brought by the heirs at law of Martin Hoagland, deceased, to recover for the use and occupation of certain premises, against the occupying tenant, John Crum. To the first plea filed by defendant a demurrer was sustained, and, on leave given, defendant filed an amended or second special plea, in which it was averred the cause of action in the declaration mentioned was for the rent of certain premises, which are accurately described, and for no other cause whatever; that such lands were leased by defendant from Louisa A. Hoagland, widow of Martin Hoagland, and not from plaintiffs, or either of them; that such lands were leased of and from Louisa A. Hoagland, for one year, viz., from the first day of March, 1881, to the first day of March, 1882; that such lands were held by Louisa A. Hoagland as and for her life estate or dower interest in the lands of which Martin Hoagland died seized and possessed, and by no other right or title whatever; that the rents for the premises did not fall due and become payable until the expiration of the lease, on the first day of March, 1882; that on the first day of November, 1881, and after the premises had been so leased by defendant, and before the rent therefor became due and payable, Louisa A. Hoagland departed this life, and that plaintiffs claimed to recover the rents in this suit of and from defendant, as heirs at law of Martin Hoagland, and not otherwise. To this plea plaintiffs interposed a demurrer, which was overruled by the court, and plaintiffs electing to abide by their demurrer, judgment was rendered for defendant, and against plaintiffs, for costs. That judgment was affirmed in the Appellate Court for the Third District, and a majority of the judges of that court having made the necessary certificate to enable them to do so, plaintiffs bring the case to this court on their further appeal.

The single error assigned is, the circuit court...