Whitney v. Salter

• Citation: 36 Minn. 103
• Parties: J. C. WHITNEY, Administrator, <I>vs.</I> NANCY SALTER and others.
• Decision Date: 22 November 1886
• Court: Minnesota Supreme Court

36 Minn. 103

J. C. WHITNEY, Administrator, vs. NANCY SALTER and others.

Supreme Court of Minnesota.

November 22, 1886.

The plaintiff, as administrator, with the will annexed, of Ann Salter, deceased, brought this action in the district court for Hennepin county, to recover the possession of certain real estate, as a part of the estate of his testatrix. On the trial, before Young, J., and a jury, it was admitted that in 1877 the owner of the land leased it to Ann Salter for the term of five years, with the right to successive renewals for terms of ten years until the end of 100 years from the date of the lease. Thereafter, and in 1877, Ann Salter died, leaving her husband, William Salter, and children surviving her. In her will she devised the use and occupation of the land in question to her husband for life, in lieu of all estate, right, title, or interest he might otherwise have in her estate. William Salter died in 1886 before the commencement of this action. The estate of Ann Salter is unsettled and undistributed. The plaintiff rested his right to recover upon the above facts.

The defendant offered evidence, which was received against the objections of plaintiff, showing the following facts: Prior to her death Ann Salter, her husband joining, mortgaged the premises. In 1880 the mortgage was foreclosed, and the premises sold to Sampson A. Reed, who conveyed the same by quitclaim deed, on June 1, 1882, to William Salter. In 1879 a mechanic's lien upon the premises was foreclosed by suit against this plaintiff as administrator of Ann Salter, and the premises were sold, under the judgment, to George McMullen, who assigned the certificate of sale, in 1880, to William Salter, who in the same year assigned the certificate to John Steele. On April 21, 1882, the lease was renewed for ten years to William Salter as the assignee and successor in interest of the original lessee. On February 4, 1885, John Steele conveyed the premises by quitclaim deed to William Salter, and on October 30, 1885, William Salter conveyed the premises to Sampson A. Reed, who, on October 31, 1885, by quitclaim deed, conveyed to the defendant, Nancy Salter, who is in possession thereunder. These facts being admitted to be true, the court directed a verdict for defendant. Plaintiff appeals from an order refusing a new trial.

J. R. Corrigan, for appellant.

Smith & Reed, for respondent.

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 permit him to hold it for his own exclusive benefit if the reversioner or remainder-man will contribute his share of the sum paid. If the life-tenant in such case pays more than his proportionate share, he simply becomes a creditor of the estate for that amount. 1 Washb. Real Prop. 96; Daviess v. Myers, 13 B. Mon. 511. It...