Whitney v. Salter

• Decision Date: 22 November 1886
• Citation: 36 Minn. 103,30 N.W. 755
• Parties: WHITNEY, ADM'R, ETC., v SALTER AND OTHERS.
• Court: Minnesota Supreme Court

36 Minn. 103

30 N.W. 755

WHITNEY, ADM'R, ETC.,vSALTER AND OTHERS.

Supreme Court of Minnesota.

November 22, 1886.

Syllabus by the Court.)

A tenant for life, in possession, in the purchase of an incumbrance upon, or of an adverse title to, the estate, will be regarded as having made the purchase for the joint benefit of himself and the reversioner or remainder-man. The law will not permit him to hold it for his own exclusive benefit, if the other parties interested in the estate will contribute their share of the amount paid for the purchase.

So, too, if a life-tenant of a leasehold estate under a renewable lease, renews the lease, the law will make him a trustee for the reversioner or remainder-man. But if, in such cases, the life-tenant pay out money which he was not required to pay, or more than his proportionate share, he becomes, to that extent, creditor of the estate, and subrogated to the rights of the parties whose claims he has bought or paid off. He, and those claiming under him, occupy a position analogous to a mortgagee in possession after condition broken, and cannot be evicted until all sums due them from the estate have been repaid.

Appeal from district court, Hennepin county.

Ejectment for possession of certain real estate in Hennepin county. Ann Salter, deceased, had, subject to certain conditions, a leasehold estate in the premises in question for 100 years. During her life-time she incumbered the property with a mortgage for $555. There was also a mechanic's lien on the property for $884. Ann Salter died December 7, 1877, leaving by her will said premises to her husband, William Salter, for life. After her death said mortgage and lien were foreclosed, and the premises purchased at the sales by persons other than William Salter. Subsequently the interests acquired under these sales were conveyed to William Salter, the life-tenant, the time for redemption having expired. One of the conditions of the lease to Ann Salter was that it should be renewed at the end of five years from date. April 21, 1882, the five years having expired, William Salter renewed said lease for a period of 10 years in his own name. Subsequent to the mortgage sales and the deeds to William Salter, and his renewal of the lease, by sundry mesne conveyances his title became vested in defendant, Nancy Salter, who was in possession of the property at the time of commencement of this action by the administrator of Ann Salter, deceased. On the trial below, before YOUNG, J., the court directed the jury to return a verdict for defendant, on the ground that the title is in the defendant, by virtue of the records introduced, which verdict was accordingly rendered. A motion for new trial being denied, plaintiff appeals.

J. R. Corrigan, for appellant, Whitney, Adm'r, etc.

Smith & Reed, for respondents, Salter and others.

MITCHELL, J.

The established doctrine is that a tenant for life, in possession, in the purchase of an incumbrance upon, or an adverse title to, the estate, will be regarded as having made the purchase for the joint benefit of himself and the reversioner or remainder-man. The law will not...