Dorrance v. Ryon

Citations

• 35 Pa. Super. 180
• 1908 Pa. Super. LEXIS 7

Syllabus

<p>Trust and trustees — Principal and agent — Technical trusts — Statute of limitations.</p> <p>Trusts which are not affected by the statute of limitations are only those technical and continuing trusts over which the chancellor has exclusive jurisdiction. A person who receives money to be paid to another, or to be applied to a particular purpose, and does not pay it to the person, or apply it to the purpose intended, is within the operation of the statute of limitations. A claim by a principal against an agent for moneys received by the latter for the principal’s use, is within the statute.</p> <p>Tenants in common — Rentals—Use and occupation — Act of June 24, 1895,P. L. 237.</p> <p>In an action by one tenant in common against another to recover the plaintiff’s share of the rentals for the property, collected by the defendant, the plaintiff cannot recover from the defendant for the latter’s use and occupation of the premises, unless he has averred in his statement of claim that he seeks to recover for such use and occupation.</p>