Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-25
SHUFFL1N V. HOUSE.

Supreme Court Of Appeals. Yves. Va.
December Il, 1895
THE WORD LAND" IN SECTION I.
C. 81. CODE or WEST VIRGINIA.
is USED ONLY TO DENOTE AGRI
CULTURAL LAND, NOT LOTS
USED FOR BUILDING PURPOSES
ALONE
ALL TNENPIRED LEASES GIVEN
by y TENANT FOR LIFE ON
SUCH TOWN LOTS EXPIRE WITH
HIS DEATH, AND DO NOT CON
TINuE UNTIL THE END OF THE
CURRENT YEAR.
ISection 2SO9 Code of Virginia &c
similar 10 the statute construed in this
easel
The facts sufficiently appear from
me opinion Of the court The court
says:
The only question presented is as to
whether NJ. i. Shuhlin or Clara T.
59hes is entitled to the rent from the
"a DAY of January, 1897, To the 18th dav
OF MAY. 1891, being from the date of
INC death of Mrs. stephens to the end
oil the current year OF the lcasehold
All uncXDircd leases made by life
tenant terminate at his death. cXcent
as otherwise provided by statute. Code
G. a. section l. provides that. az tbcrc
be tenant for life or otho,. rncort,iN
interest in land which is let to another.
INC lessee may hold the land to the end
"i inc current year Of the tenancy. nav
inS rent therefor; the rent, il il be rn-
served IN money, shall be apportioncd
between the tenant for life or o her nm
ccItdin interest. or his personal repre-
sentative. and those who succeed to The
he In;
siS'S governs in this case. while tho de-
remnants insist that il only aDDlics tn
lands used for agricultural nurnosne
ana not totown lots or other real estate
mere inc rent is payable monthly in
money. The p-aEd- nanI,,--l,4-rsac-
'!oh was no doubt used in n restricted
Eehsc 10 denote agricultural land rented
loE an annual rental. for The purpose
Oh encouraging agriculture and securing
10 the tenant the harvest that he might
Cow. Minor. Inst. pp 1o1, Ioe. Where
,hs reason os the law fails. tho law
,tseif IS nj an end. The word land
mas two senses. ono general and ono
restricted. If it occurs ncconon,rIn1S
with other words which either in wholn
or IN part supply the difference between
me TWO senses, that is a renson for
.aklhs IL IN It's less general sense: @. n
IN grant of lands, meadows and mas
.u,cs' the FORMER word is held to mean
'' 90 @ciS Idiiu inc reason for taxi
ing tie word land In Its less general
sense as farming or agricultural land
Is from the context and the truo mr.
pose OF the enactment. being To Secure
10 the person who sows and c,,,tivotos
.ne rlEht to reap and enjoy. In tho
cesc or town property no such necessity
exists. IT the statute was applicnblc
an me tenant could do. even there
under would he 10 collect the rent ana
pay IL over 70 the remainder-n,on Hn
~ only entitled to the rent nm To Tho
cate OF the death of the life tnnan,
why. then, permit him to collect row
"h!ch belongs to another, or retain c,n.
troll OF property in which he has va
I nossipIe Interest? With agricultural
!ahd II is different. \ yearly rental
or n portion of the crop is usually r"-
served. ana according to common law
lhe suD-tenant i'll case OF the death NJ
the HE tenant. was entitled 10 tho ON.
plemcnts. The object Of the stat,,t,
was 10 declare the common la,c an1
make 1t effective. and was in no snnsa
20 apply to town property rented FOR =
monthly rental, of whatever term AL
To such property its provisions have M
Application. and are wholly unneccs-
sary ana useless. Therefore, ire Cir-
cult Court erred in RENDERING, iudymon,
for the Dlaintlff. and the same is rn-
versed. and judgment is entered for TIE
defendants.