71 P. 327 | Or. | 1903
after stating the facts, delivered the opinion of the court.
In Phelan v. Boylan, 25 Wis. 679, it was held that a tenant for life who neglects to pay taxes after his tenancy commences is liable to an action for waste; Mr. Chief Justice Dixon saying: “And in this case the plaintiffs might have sued under the statute, and obtained judgment for double the amount of
The cases to which attention has been called proceed upon the theory that the neglect or refusal of the tenant for life to pay the current taxes, whereby the interest of the remainder-man in the premises is in danger of being forfeited, constitutes waste (28 Am. & Eng. Enc. Law, 1 ed., 890), going to the destruction of the estate, to prevent which equity will intervene, and by the appointment of a receiver subject the rents and profits to the payment of the delinquent taxes. The defendant having refused to pay the current taxes, although the rent received by him was sufficient for that purpose, the plaintiffs were compelled to discharge them to protect their interests in the premises; and as such refusal constituted waste, jeopardizing the estate, and tended to its destruction, equity for that reason had jurisdiction of the subject-matter, and no error was committed in overruling the demurrer.
Other errors are assigned, but, deeming them unimportant, the decree is affirmed. Affirmed.