Legal Opinion

M'Cullongh v. Irvine's Executors

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 7 opinions

.Error to the Common Pleas of Cumberland county. This was a suit by M’Cullough, plaintiff in error, against Irvine’s executors.

Read the full summary

.Error to the Common Pleas of Cumberland county. This was a suit by M’Cullough, plaintiff in error, against Irvine’s executors. It was an action on the case, in the nature of waste in which the injury complained of was cutting down and destroying the timber growing upon a tract of land of 139 acres, and pulling down and removing a two story brick house and bank barn, the under part of which was stone, and the upper part frame, which buildings had been erected by defendant’s testator, and removed by him in his life time. The land in question was the property of John Dunbar, who died prior to…

1Opinion of the Court

The opinion of the court was delivered by

Coulter, J.

Waste is spoil or destruction committed in houses or other corporeal heriditaments to the injury of one who has the remainder or reversion in fee. And one of the illustrations put in the old books is pulling down a house, which as it is said is a ci’ime of commission and voluntary waste. Suffering the house to fall down for want of repairs is waste also, but only permissive. In our own statute, act of 27th March, 1833, sec. 3, it is provided “that quarrying and mining and all such other acts as will do lasting injury to the premises, shall…

2Cases cited1 opinion

  1. Holmes v. TremperNew York Supreme Court · 1822

3Cited by7 opinions

  1. Carver v. GoughSupreme Court of Pennsylvania · 1893
  2. Morris v. KnightSuperior Court of Pennsylvania · 1900
  3. Anderson v. CowanSupreme Court of Iowa · 1904
  4. Pennsylvania Footwear Corp. v. Midlantic Bank, N.A. (In re Pennsylvania Footwear Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  5. Abraham Rosenblatt Building & Loan Ass'n v. Miller, Pennsylvania Court of Common Pleas, Philadelphia County1929

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API