Whitehead v. Whitehead

Richards, Judge.

The important question for consideration in this case is whether Frederick H. Whitehead, one of the tenants in common, and the tenant in possession of the property since the death of Elizabeth H. Whitehead, has committed waste by cutting timber on the property for which partition is asked. What constitutes waste has been variously defined. Blackstone says, “waste 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 Blackstone Comm., 281. The following…