Yocum v. Zahner

Citations

• 162 Pa. 468
• 29 A. 778
• 1894 Pa. LEXIS 1003

Syllabus

<p>Waste — Remainderman—Action.</p> <p>The remedy for a remainderman on whose inheritance waste is being committed, is not in tresjjass, but in case, for the recovery of damages for the injury done to the freehold.</p> <p>Damages — Timber—Act of March 29, 1824.</p> <p>The act of March 29, 1824, 8 Sm. L. 283, providing for treble damages-for the unlawful cutting of timber, does not ajjply to a proceeding by a remainderman against the life tenant, and does not give a new action to the owner of timber which has been cut without his consent. It merely gives a new measure of damages in the common law actions of trespass and trover. Where these actions will not lie, the new measure of damages cannot be applied.</p> <p>Life estate — Tax sale— Title — Actions— Amendment — Practice.</p> <p>The act of redeeming land from a tax sale operates to set aside or annul the sale, and leaves the title precisely as though the sale had not been made. If the land is subject to a life estate, the life estate is revested in the life tenant, and the remainder in the remainderman.</p> <p>A father had a life estate in laud of which his minor daughter owned the fee. The land was sold for taxes, and purchased by the minor’s grandfather, who held it for a time and then sold it. The purchaser stripped the land of its timber. The guardian then redeemed the land, whereupon the purchaser took a conveyance of the father’s life estate. The guardian brought an action of trespass against the purchaser for the waste committed. Held, (1) that an action of trespass would not lie; (2) that the redemption did not carry both estates to the guardian when he redeemed the land; (3) that the judgment in the action of trespass should be reversed, but that the plaintiff should not be turned out of court, but should be permitted in the court below to so amend the form of action and the statement as to permit a trial of the case upon the merits.</p> <p>Judgment— Treble damages — Tknber—Opening judgment — Practice.</p