Atkinson v. Burt

Skinner, Ch. J.

This is an action of ejectment, in which judgment by default has been rendered; and the question is as to the rule of damages. The facts appearing in the case are— that the’ lands in question were by deed of mortgage conveyed by one Burt, to the ancestor of the plaintiffs, and under whom they claim, (the mortgagor continuing in possession of the premises,) and after the estate became absolute at law in the mortgagee, the mortgagor conveyed in fee to the defendants, who have held the possession till the present time. The plaintiffs claim damages for the mesne profits, since the…