Yount v. Howell

It is unnecessary to pass upon the instruction of the Court in reference to the rents and profits claimed by the plaintiff, as the remitting of the amount found by the jury was made a condition of refusing a new trial, and the condition was accepted. Ror is it for the same reason necessary to notice the exception taken to the exclusion of evidence of the value of the improvements upon the premises. Their value, even were the defendant holding under color of title adversely to the plaintiff, in good faith *467could only be allowed as a set-off to the damages. (Prac. Act, Sec. 257.)

The case must be…