AMERICAN

LAW REPORTS

ANNOTATED

VOL. 31

SIM STATON, Appt.,

V.

CLARA GUILLEBEAUX, Exrx., etc., of Alex Guillebeaux, Deceased,

1. Rent falling due after the death of the landlord belongs to the heir, in the absence of a will; otherwise to the devisee. [See note on this question beginning on page 4.] Executors and administrators distress for rent right to maintain. 2. The personal representatives of a deceased landlord cannot enforce the remedy of distress for rent falling due after the landlord's death. -right to collect rent.

3. A devisee of rent accruing from a leasehold, who is made executor of

the landlord's will, may collect the
rent as an asset of the estate, and
apply it on the legacy.
Landlord and tenant
right of assignee.

distress

4. Mere assignment of unpaid rent does not carry the right to distrain for it.

[See 16 R. C. L. 1008.]

APPEAL by plaintiff from a judgment of the Common Pleas Circuit Court for McCormick County (Sease, J.) refusing a motion for direction of a verdict in his favor, and directing a verdict for defendants, in an action brought to recover possession of certain cotton taken under a distress warrant issued by defendant. Reversed.

Marion, J., delivered the opinion of the court:

The facts are stated in the opinion of the court. Mr. F. A. Wise, for appellant: Executors and administrators cannot distrain for rent due at the death of testator or intestate.

Bagwell v. Jamison, 25 S. C. L. (Cheves) 250; Salvo v. Schmidt, 29 S. C. L. (2 Speers) 512.

Mr. Joseph Murray for respondents. 31 A.L.R.-1.

Action in claim and delivery by Sim Stanton against Clara Guillebeaux and E. B. Sharpton, for the recovery of 1,700 pounds of lint cotton. The defendant seized the cot