The appellants were tenants in tail in remainder and were not able to proceed at law against their co-defendant since he was only an equitable tenant for life. They argued that he ought by analogy to have the obligation not to commit permissive waste imposed on him in the court of equity, and to be impeachable of waste in equity.
Held: The application was refused. Even legal liability was very doubtful.
Lord Cranworth, LC
[1854] EngR 795, (1854) 4 De G M and G 448, (1854) 43 ER 582
Commonlii
England and Wales
Citing:
Followed – Wood v Gaynon 2-Mar-1761
The plaintiff sought a decree to compel a life tenant and her husband to put and keep the premises in repair, or the appointment of a receiver with directions to repair the premises. The plaintiff could not sue at law because a party who shared the . .
Appeal from – Powys v Blagrave 24-Mar-1854
Tenant for Life. Permissive Waste
Courts of Equity have no means of interfering in cases of permissive waste by a tenant for life of real property.
There is no implied trust to keep the property in repair imposed upon a tenant for life under a will; for, if there were, he . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.293652