Hughes v. Carson
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. Elijah Robinson, Judge. (1) At common law recovery of rents and profits . by way of damages in an ejectment suit was -not authorizecl. Sedgwick & Wait on Trial of Title to Land, sec. 647; Tyler on Ejectment, 838. (2) After recovery in ejectment, trespass for mesne rents and profits was the-remedy. Sedgwick & Wait on Trial of Title, sec. 648 Tyler on Ejectment, 838, et seq.
Read the full summary
Appeal from Montgomery Circuit Court. — Hon. Elijah Robinson, Judge. (1) At common law recovery of rents and profits . by way of damages in an ejectment suit was -not authorizecl. Sedgwick & Wait on Trial of Title to Land, sec. 647; Tyler on Ejectment, 838. (2) After recovery in ejectment, trespass for mesne rents and profits was the-remedy. Sedgwick & Wait on Trial of Title, sec. 648 Tyler on Ejectment, 838, et seq. (3) The statutes of this state provide for joining in a suit in ejectment a claim for damages, rents and profits. R. S., sec. 2252. (4) A claim for improvements can only be made…
1Opinion of the Court
Shebwooh, J. —
The question presented by this re*402cord is whether an action will lie against a landlord for mesne rents and profits, after judgment in ejectment against his tenant, and recovery of possession, where the judgment included a recovery for such rents and profits, and where the tenant was the only party defendant to the ejectment, and is insolvent, the point presented being raised by a motion in arrest of judgment denying the sufficiency of the petition on which the judgment for such rents and profits was based; and this is the only point for determination.
The petition in substance…
2Cases cited2 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Garth v. CaldwellSupreme Court of Missouri · 1880
3Cited by11 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Conrad v. Allis-Chalmers Manufacturing Co.Missouri Court of Appeals · 1934
- Summers v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1900
- Gilsey v. GilseyMissouri Court of Appeals · 1917
- McIntyre v. Federal Life InsuranceMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.