McIntosh v. Rutland

Citations

• 88 Miss. 718
• 41 So. 372

Syllabus

<p>1. Lands. •Sale of timber. Executors and admimstrators. Distribution.</p> <p>Where a husband and wife owned lands jointly and sold the timber thereon, the wife departing this life shortly thereafter, and her administrator collected the purchase money:</p> <p>(a) The heirs of the wife, the rights of her creditors not intervening, are entitled to her share of the funds; and</p> <p>(5) The husband being one of her heirs, his assignee has a status in the court where the administration is pending to compel distribution by the administrator.</p> <p>2. Same. Option.</p> <p>A contract for the sale of timber on land, giving the purchaser the right to enter, cut and remove the same in case the grantors failed to deliver it to the grantee, is not a mere option.</p>