Caldwell v. Walters
Supreme Court of Pennsylvania
Error, to the Common Pleas of Erie county. This was an action of trespass quare clausum fregit by Jane M. Walters v. James Caldwell and Daniel McDaniel, to recover mesne profits. The defendants plead not guilty. Daniel McDaniel, Sen., originally owned the land described in the plaintiff’s narr. He died intestate in the year 1813, leaving six children, one of whom was Jane M. Walters.
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Error, to the Common Pleas of Erie county. This was an action of trespass quare clausum fregit by Jane M. Walters v. James Caldwell and Daniel McDaniel, to recover mesne profits. The defendants plead not guilty. Daniel McDaniel, Sen., originally owned the land described in the plaintiff’s narr. He died intestate in the year 1813, leaving six children, one of whom was Jane M. Walters. She, together with her husband, in the year 1829, gave a judgment bond to Elizabeth Stewart, upon which judgment was entered, and under it the interest of Jane M. Walters in the said land was sold upon a…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The only point in this case is, whether trespass for mesne profits can be sustained by a plaintiff who has recovered in ejectment, but never took possession.
Possession of the loans in quo of a trespass is the test of the right to sue for it. For an injury to wild land the owner may maintain an action by showing his title to it, but this is on the principle that the law gives him a constructive possession. When another person has the actual occupancy the exhibition of a paramount title is not sufficient to sustain trespass, either against…
2Cited by7 opinions
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- Hartley v. SpencerSuperior Court of Pennsylvania · 1921
- Kossell v. RhoadesSupreme Court of Pennsylvania · 1922
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
- Smith v. SmithSuperior Court of Pennsylvania · 1921
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