113 Ga. 894 | Ga. | 1901
Mr. Bispham in his work on the Principles of Equity {6th ed.), § 430, says: “The common-law remedy for waste, as extended by the statutes of Marlbridge and Gloucester, was a writ of waste, in which the thing wasted was forfeited, and damages were recovered. The writ of waste has been abolished in England, and the only common-law remedy which the remainderman now has is a special action on the case for damages. In many of the United States remedies for waste are given by statute; in some of them the place wasted being forfeited, and damages recovered; in others the remedy being simply an action for damages.” In the case of Parker v. Chambliss, 12 Ga. 235, a case decided in 1852, it was held that a tenant in dower is hable for waste committed on the estate, but she does not thereby forfeit her estate and treble damages, as provided by the statute of Gloucester. The remedy against her is by action on the case, in the nature of waste, to recover the actual
Judgment affirmed.