Boyd's Lessee v. Cowan
Supreme Court of Pennsylvania
Ejectment, tried at West Chester, in Chester county, on the- 22d of October 1793. The jury gave a verdict in favor of the plaintiff, for the premises mentioned in the declaration; and also for 41i. 13s. 4d. damages, being the value of the mesne profits ; subject to the opinion of the court on a point reserved ; to wit: whether the mesne profits can be recovered in an ejectment, by way of damages? After argument, when the judges were about to deliver their opinions, the…
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Ejectment, tried at West Chester, in Chester county, on the- 22d of October 1793. The jury gave a verdict in favor of the plaintiff, for the premises mentioned in the declaration; and also for 41i. 13s. 4d. damages, being the value of the mesne profits ; subject to the opinion of the court on a point reserved ; to wit: whether the mesne profits can be recovered in an ejectment, by way of damages? After argument, when the judges were about to deliver their opinions, the parties made an amicable settlement of their dispute : but the general question being of importance, no excuse will be…
1Opinion of the Court
McKean, Chief Justice.
— In delivering my sentiments upon the point reserved in this cause, I shall first consider the objections made to the recovery of the mesne profits, in the action of ejectment; and then, the reasons in favor of such a recovery.
1. The leading objection (and which, at first sight, appears the strongest) is, that the action of trespass for the mesne profits, is always laid with a continuando ; thus differing from the form of the action of ejectment, which alleges only a single act of entry and ouster. For which 3 Black. 205; 3 Wils. 118; 2 Bac. Abr. 181; and Runnington, 4,…
2Cases cited1 opinion
- Hubble v. HubbleIndiana Supreme Court · 1833
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- Lessee v. DunningSupreme Court of the United States · 1792
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