Wells v. Becker

Citations

• 24 Pa. Super. 174
• 1904 Pa. Super. LEXIS 150

Syllabus

<p>Tenants in common — Leasehold estate — Right of action for use and occupation — Real estate — Act of June 24, 1895, P. L. 237.</p> <p>A tenant in common cannot maintain assumpsit against his cotenants to recover for the use and occupation of his one-half interest in a leasehold estate, in the absence of an agreement to pay rent therefor, or ouster.</p> <p>The Act. of June 24, 1895, P. L. 237, entitled, “An act to provide for the liability of tenants in common in possession to their cotenants out of possession,” does not apply to tenants under a lease for years, but is intended to affect such owners of real estate as are joint tenants or tenants in common at common law. The words “ real estate ” in the act do not apply to a “ chattel real ” such as a leasehold.</p>