Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 116
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... land, that the personalty was insufficient for the payment of his debts, and that a sale of the real estate would be necessary. A settlement of the estate was prayed, and a sale of so much of the real estate as might be necessary to pay the debts. In this condition of the record, on September 14th on motion of plaintiff, the adminis trator, it was ordered that the plaintiff rent out the real estate of the decedent on Wabash Island for the ensuing year on the best terms obtainable, taking bond, subject to the further orders of the court. The land was rented by the administrator under the order for the year 1902 for the sum of $1,634.15. Thereafter the heirs "at law of the decedent filed in the action their petition claiming the rent, and, the court having adjudged against them and dismissed their petition, they have appealed. It was agreed on the hearing that the assets of the estate, including the rent in question, will not be suflicient to satisfy the debts of the decedent. It is insisted for the appellees that the land was under the control of the court, and that for good reasons it was ordered to be rented out, instead of being sold, and that the proceeds of the rent stand as much for the payment of the debts of the ancestor as would the proceeds of the sale. This seems to have been the view of the circuit court. In Collins v. Richart, 77 Ky., 621, it was held that a vendor of laud, who had retained a lien on it for the purchase money, but not on the rents. is not entitled to have the lands put in the "hands of a receiver, and thus secure a lien on the rents. The same rule was applied to a mortgage. Newport & Cincinnati Bridge Co. v. Douglass, 75 Ky., 705; Douglass v. Cline, Id., 621. In Taliaferro v, Gay, 78 Ky., 496, ...
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