Ege v. Kille
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1877, No. 145. Trespass for mesne profits by the heirs of Elizabeth Ege, deceased, against John T. Kille and Charles Wharton.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1877, No. 145. Trespass for mesne profits by the heirs of Elizabeth Ege, deceased, against John T. Kille and Charles Wharton. The land of which the mesne profits were claimed was recovered by the plaintiffs from the defendants, in an action of ejectment brought 7th June 1872, in which a verdict in their favor was rendered 16th October 1874. On the 26th October 1874 the plaintiffs were put into possession of the premises under a writ of habere facias possessionem. In the ejectment John T. Kille defended as landlord. The…
1Opinion of the CourtJustice Mercur
This was an action of trespass for mesne profits. Twenty errors are assigned. It is unnecessary to consider each separately. They involve a few principles only. The controlling questions are, the value of the ore taken; the manner of proving that value; and the character of the improvements which may be recouped or set off against the value of the ore mined and appropriated by and under the defendants.
1. The evidence shows the defendants were bona fide purchasers of the land for value, and were in possession under color of title when the trespasses were committed. At the time they took…
2Cases cited1 opinion
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
3Cited by19 opinions
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Fulmer v. Williams, Pennsylvania Court of Common Pleas, Lehigh County1889
- FIRST NAT. BK. OF MT. CARMEL v. ReichnederSupreme Court of Pennsylvania · 1952
- Elerick v. ReedSupreme Court of Oklahoma · 1925
- Lehigh Coal Co. v. Wilkes-Barre & Eastern RailroadSupreme Court of Pennsylvania · 1898
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