2 Watts 124 | Pa. | 1833
The opinion of the Court was delivered by
In Stokely v. Boner, 10 Serg. Rawle 254, it was determined, that untenanted land from which profits have not been drawn, may be taxed as unseated ; but that where profits continue to be drawn, the public must look to the person of the owner. It was doubted, however, whether the owner may not abandon the possession and the land together, and thus exonerate himself from personal liability. If he could not, his case would be a' hard one ; for such a liability might descend on him without his consent, and without a correspondent benefit from his ancestor, which is indispensable to a personal charge at the common law. It would therefore seem unreasonable to impute to the legislature an intent to prevent him from surrendering to the public a worthless property in discharge of its own burthen. But though it seems pretty clear he may do this, the surrender must be entire, unlimited in duration, and evinced by acts that leave no doubt of the intention. What is the evidence of it here ? It¿s, that the executors of Jack recovered in ejectment from the tenants of their testator, in the latter part of September ; and that the tenants left the place a few days afterwards in a state of dilapi
Judgment affirmed.