Pennsylvania Act 1895-138 — TENANTS IN POSSESSION, LIABILITY

Act text

TENANTS IN POSSESSION, LIABILITY
                 Act of Jun. 24, 1895, P.L. 237, No. 138              Cl. 68
                                  AN ACT

     To provide for the liability of tenants in common in possession
        to their co-tenants out of possession.

        Section 1.  Co-tenants not in possession may recover share of
     rental; procedure in case of partition
        In all cases in which any real estate is now or shall be
     hereafter held by two or more persons as tenants in common, and
     one or more of said tenants shall have been or shall hereafter
     be in possession of said real estate, it shall be lawful for any
     one or more of said tenants in common, not in possession, to sue
     for and recover from such tenants in possession his or their
     proportionate part of the rental value of said real estate for
     the time such real estate shall have been in possession as
     aforesaid; and in case of partition of such real estate held in
     common as aforesaid, the parties in possession shall have
     deducted from their distributive shares of said real estate the
     rental value thereof to which their co-tenant or tenants are
     entitled.  (1895, June 24, P.L. 237, Sec. 1.)