Bush v. Gamble

Citations

• 127 Pa. 43
• 17 A. 865
• 1889 Pa. LEXIS 1077

Syllabus

<p>[To be reported.]</p> <p>1. In trespass for cutting and converting timber trees, under § 3, act of March 27, 1824, 8 Sm. L. 283, where the plaintiff's show title only to the undivided three fourths of the land in question, and the defendants are in possession of the remaining one fourth, claiming title thereto though under a defective title, the parties must be regarded as tenants in common.</p> <p>2. The record of an ejectment wherein plaintiffs had recovered against the defendants the1 undivided three fourths of the premises, with the writ of habere facias and the return, established their actual possession of the recovery at the time the action.in tresi^ass was brought, and their right of possession and title when the writ of ejectment issued.</p> <p>3. Though by § 2, act of May 4, 1869, P. L. 1251, a tenant in common may have against his co-tenant the same remedy as against a stranger, for the cutting and conversion of timber trees without his consent, yet that act does not authorize in his favor the penalty of double or treble damages provided by the act of March 27, 1824: Wheeler v. Carpenter, 107 Pa. 271. ■</p>