Camp v. Homesley
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cléaveland County, at the Spring Term 1850, his Honor Judge Caldwell presiding. The action is brought by Camp and four others, and is trespass for the mesne profits of a tract of land, recovered in ejectment upon the several demises of the presertt plaintiffs. Upon the trial on the general issue, it appeared, that the plaintffs and the defendant were tenants in common of the premises.
Read the full summary
Appeal from the Superior Court of Law of Cléaveland County, at the Spring Term 1850, his Honor Judge Caldwell presiding. The action is brought by Camp and four others, and is trespass for the mesne profits of a tract of land, recovered in ejectment upon the several demises of the presertt plaintiffs. Upon the trial on the general issue, it appeared, that the plaintffs and the defendant were tenants in common of the premises. The counsel for the defendant thereon insisted, that the plaintiffs could not recover, because a tenant in common cannot have trespass against his companion ; and, if…
1Opinion of the CourtRuFPDsr, C. J.
The directions were right on both points. As the action for mesne profits is substantially a continuation of the ejectment, for the purpose of recovering the actual damages, which were formerly nominally assessed, it follows, that whenever a person is allowed to maintain ejectment, he may have trespass against the same party, by way of completing his remedy. Hence, it is settled, that, after a recovery in ejectment and entry, a tenant in common may sue his companion, who ousted him, for the mesne profits. Catting v. Darby, 2 Wm. Bl. 1077, Goodtitle v. Tombs, 3 Wil. 118, Holdfast v. Shepard, 9…
2Cited by2 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Swain v. . PhelpsSupreme Court of North Carolina · 1899