Osbourn v. Osbourn
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Chester county in an action of trespass, brought by Elizabeth Osbourn, the defendant in error,- and plaintiff below, against Joseph Osbourn, the plaintiff in error,to recover the mesne profits of certain land which she had recovered in an ejectment.
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IN ERROR. Error to the Common Pleas of Chester county in an action of trespass, brought by Elizabeth Osbourn, the defendant in error,- and plaintiff below, against Joseph Osbourn, the plaintiff in error,to recover the mesne profits of certain land which she had recovered in an ejectment. The plea was, not guilty.- After the plaintiff had given in evidence the record of the ejectment, and her title to the land recovered, the defendant’s counsel requested the court to instruct the jury, that an action of trespass, (as adopted in this ease,) was not the proper remedy to enable the plaintiff in…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
On exarfiining this record, it presents nothing more than simply an action of trespass guare' clausum, fregit, with the plea of not guilty, without any exception to the evidence of the record of ejectment between the same parties, for the premises in which the trespass is stated to.have been comjnitted; in which the court was requested to instruct the jury, that in point of law, an action of trespass was not the proper remedy to enable á plaintiff in ejectment to recover mesne profits for the premises recovered in ejectment, which instruction…
2Cited by3 opinions
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- Drexel v. ManSupreme Court of Pennsylvania · 1845
- Nickle v. M'FarlandSupreme Court of Pennsylvania · 1838