Legal Opinion

Postens v. Postens

Supreme Court of Pennsylvania

Decided March 15, 1842PublishedCited by 1 opinion

THIS was an action of trespass, brought in the Common Pleas of Monroe county by the defendant in error, William Postens, against the plaintiff in error, James Postens, for the recovery of mesne profits of land, for which he had brought an action of ejectment against James Postens, and obtained a verdict and judgment.

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THIS was an action of trespass, brought in the Common Pleas of Monroe county by the defendant in error, William Postens, against the plaintiff in error, James Postens, for the recovery of mesne profits of land, for which he had brought an action of ejectment against James Postens, and obtained a verdict and judgment. The suit was brought on the 8th of July 1839, of September term 1839, No. 12. On the 19th of August 1839, James Postens brought an action of ejectment to September term 1839, No. 23, against William Postens and Charles Postens, his tenant in possession, for the recovery of the…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

recovery in ejectment while the action was founded on a fiction, did not at first estop the defendant in trespass for the mesne profits bi’ought in the name of the plaintiff’s lessor, from contesting his title to the possession during the time in which the profits had accrued,- because the lessor was not a party on the record, and therefore could not have the benefit of an estoppel from it. Neither was. he concluded by a judgment against his lessee, who was the legal plaintiff; and therefore it was, and not for anything peculiar to the…

2Cited by1 opinion

  1. Sopp v. WinpennySupreme Court of Pennsylvania · 1871

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