Stevens v. Rose

This action is brought under chapter 271, How. Stat., entitled “Of Waste.”

Section 1 of that chapter provides:

“If any guardian, or any tenant by the courtesy, tenant in dower, or for term of life or years, or the assigns of any such tenant, shall commit or suffer any waste during their several terms or estates, of the houses, gardens, orchards, lands or woods, or of any other thing belonging to the tenements-so held, without having a lawful license in writing so to do, they shall respectively be liable to an action on the case for such waste.”

In April, 1870, the defendant was the owner of the…