Knoll v. N. Y. etc. Ry. Co.

Citations

• 121 Pa. 467
• 15 A. 571
• 1888 Pa. LEXIS 680

Syllabus

<p>1. Subject to the right of a lien creditor to interfere by proper process to prevent waste, the owner of real estate has, by virtue of his ownership, the jus disponendi of the property, including everything upon or beneath the surface that is a part of it.</p> <p>2. And where, in the construction of a railroad, property is injured but not taken, the right of action for such injury is in the owner of the freehold, and a mortgagee out of possession is not in a position to maintain such action.</p> <p>8. Especially is this the case, when the owner of the freehold has already in good faith settled in full with the railroad company for the injury occasioned, and the mortgagee has made no attempt to collect his debt, and fails to show that his mortgage interest has been impaired.</p> <p>4. If the owner should refuse to move, or should act fraudulently, the courts, on proper application by lien creditors, might treat him as a trustee and require him to do, or to permit his creditors to do in his name, what might be necessary to an adjustment of the damages, and impound the money for the benefit of those entitled thereto: Road in Upper Dublin, 94 Pa. 126: per Williams, J.</p>