Camden Trust Co. v. Handle

The opinion of the court was delivered by

Heher, J.

Unless it constitutes a breach of duty arising out of contract, the unassuming grantee of mortgaged lands is not liable to the mortgagee for permissive waste, even though the mortgage security is thereby rendered insufficient.

Such liability is unknown to the common law; and in this state it has not been imposed by statute. Waste at common law “is a spoil or destruction in houses, gardens, trees or other corporeal hereditaments, to the disherison of him that hath the remainder or reversion in fee simple or fee-tail.” 2 Blacks. Com. 281. By the…