Warrell v. Wheeling R.

Citations

• 130 Pa. 600
• 18 A. 1014
• 1890 Pa. LEXIS 1073

Syllabus

<p>(a) In 1860, upon an amicable submission, an award was made in favor of the tenants in common of land, and against a railroad company, of compensation for land taken etc. by the company by an entry in 1855 and a construction of its roadbed in 1857.</p> <p>(b) In 1884, the compensation hacl neither been paid nor secured, when the landowner who then had acquired the interests of all his co-tenants, brought ejectment, resulting in Í888 in a judgment in his favor, to be released on payment into court of the amount of the award with interest.</p> <p>1. In such case, the plaintiff in the ejectment was not entitled to the whole of the fund for distribution, as the sole owner of the land at the time of recovery, but the fund was distributable to the tenants in common at the time the award was made, according to their several interests.</p> <p>2. The fund in court, however, was so distributable to the tenants in common, subject to the fees and expenses of audit, the compensation of the ejectment plaintiff’s attorneys, and the cost of the paper-book, in defending the recovery against the railroad company in the Supreme Court.</p>