Harker v. Whitaker
Supreme Court of Pennsylvania
ERROR to the district court of Mleghany county. This was an action of account-render by Ezekiel Harker against the executors of Aaron Whitaker, deceased. In 1821, William Bently was in possession of ten lots in Birmingham, on which were erected two brick houses, a frame one, and two frame stables.
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ERROR to the district court of Mleghany county. This was an action of account-render by Ezekiel Harker against the executors of Aaron Whitaker, deceased. In 1821, William Bently was in possession of ten lots in Birmingham, on which were erected two brick houses, a frame one, and two frame stables. Being in insolvent circumstances, he conveyed them by two deeds, dated in January 1821, to defendant’s testator, for the nominal consideration of 2200 dollars; but by a defeasance, dated the same time as the deeds, it appears, the real consideration of the deeds was the sum of 16S dollars; and that…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is settled that a legal .right of action for mesne profits, dies with the trespasser. But it may be conceded that we would sustain an action of account render, for defect of remedy, as a substitute for a bill in equity; and the inquiry is, whether the plaintiff has shewn a case. In Pultney v. Warren, 6 Vez. 86, lord Eldon, premising that an account will not be decreed for the death of the trespasser, on the ground of accident merely, enumerates the cases in which relief was given, on the ground of a particular equity; all which are…
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