Dixon v. Niccolls

Citations

• 39 Ill. 372

Syllabus

<p>1. Rent—whether it passes on a conveyance of the land, and of severing the rent from the reversion. A party selling leased or rented land may reserve the rent; so he may sell the rent, retaining the reversion. But if he makes no reservation of the rent and conveys the fee, the accruing rent goes to the grantee of the fee.</p> <p>2. If, however, the relation of landlord and tenant does not exist between the owner of the land and the person who cultivates, but they are mere tenants in common in the products of the land, the interest of the owner of the land in such products does not pass to his grantee, although he jhakes an unqualified grant of the land out of which they arise.</p> <p>3. Same—whether rent goes to the heir or to the administrator. Rent accruing out of land upon a lease granted by the owner in fee, and which does not become due till after the death of the lessor, is a chattel real, which descends to the heir as a part of the inheritafice, and does not go to the executor or administrator.</p> <p>4. Same—when rent becomes due. When there is no special custom shown as to the time when rent becomes due, nor any contract about the time, on general principles, the rent will not be due until the expiration of the term.</p> <p>5. In this case the tenant rented the land for the year commencing March 1, 1864, and ending March 1,1865, the rent to be one-third of the crops, payable in kind; the small grain rent, wheat, oats and barley, to be delivered to the landlord in the half bushel at the threshing-machine, as soon as threshed. Under the rule above laid down, the rent was regarded as not being due until the 1st day of March, 1865.</p> <p>6. Landlobd AND TENANT—where the relation exists—or, whether the parties are tenants in common of the crop. The relation of landlord and tenant may exist, although the rent is to be paid by a portion of the crop, in which case the parties are not tenants in' common of the crop raised.</p> <p>7. But in all cases, whether it