Legal Opinion

Hughes v. Carson

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 11 opinions

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.

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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

  1. Chirac v. ReinickerSupreme Court of the United States · 1826
  2. Garth v. CaldwellSupreme Court of Missouri · 1880

3Cited by11 opinions

  1. Grace v. NesbittSupreme Court of Missouri · 1891
  2. Conrad v. Allis-Chalmers Manufacturing Co.Missouri Court of Appeals · 1934
  3. Summers v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1900
  4. Gilsey v. GilseyMissouri Court of Appeals · 1917
  5. McIntyre v. Federal Life InsuranceMissouri Court of Appeals · 1910

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