Reed v. McGouirk

• Court: Texas Court of Appeals
• Writing for the Court: Hunter
• Citation: Reed v. McGouirk, 35 S.W. 527 (Tex. App. 1896)
• Decision Date: 18 April 1896
• Parties: REED v. McGOUIRK.

35 S.W. 527

REED v. McGOUIRK.

Court of Civil Appeals of Texas.

April 18, 1896.

Appeal from Tarrant county court; George W. Armstrong, Judge.

Action by J. L. Reed, in his own right, and as administrator of the community estate of Mary T. Reed, his deceased wife, against C. P. McGouirk. From a judgment for defendant, plaintiff appeals. Reversed.

The claim in suit is for rents of land, the separate property of the deceased wife, in which she was possessed of a life estate Prior to her death the wife rented the land to defendant for the purpose of making a crop thereon in the current year, defendant agreeing to pay a certain rental in the fall of that year. Before that time, however, the wife died, and defendant attorned to the reversioner, and, having refused to pay rent to plaintiff, the latter brings this suit.

M. B. Harris, for appellant. Bowlin & Williams, for appellee.

Reasons for Reversal.

HUNTER, J.

At the death of the tenant for life, the reversioner is entitled to immediate possession, subject to the right of the tenant to cultivate his crops already planted to maturity, and to harvest and gather same. This right to continue a partial occupancy of the land for the purposes of cultivation and gathering the crops is not exclusive of the reversioner, nor does it extend to the dwellings or other portions of the land not actually occupied by the emblements themselves, but, of course, extends to the right of ingress and egress to and from said crops. These rights of the subtenant of the life tenant are the same as, and no greater than, those of the life tenant. If the life tenant had remained in occupation of the land until her decease, sh...