Means v. Presbyterian Church
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. June 4. Action of trespass for mesne profits. Edward Shippen and Joseph Shippen, by deed, dated the 2d day of June, 1794; conveyed a lot of ground, in the borough of Shippensburg, &c., to John Means and Robert McCall, in trust, for the Mse of the Associate Reformed Presbyterian congregation, at Shippensburg, for a place o'f public worship, for ever, and for no other purpose.
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Error to the Common Pleas of Cumberland county. June 4. Action of trespass for mesne profits. Edward Shippen and Joseph Shippen, by deed, dated the 2d day of June, 1794; conveyed a lot of ground, in the borough of Shippensburg, &c., to John Means and Robert McCall, in trust, for the Mse of the Associate Reformed Presbyterian congregation, at Shippensburg, for a place o'f public worship, for ever, and for no other purpose. John Means, who survived his co-trustee, Robert McCall, died in 1794, leaving William Means his eldest son and heir. To August Term, 1840, an action of ejectment was brought…
1Opinion of the CourtRogers, J.
In Harker v. Whitaker, 5 Watts, 474, it is ruled, that the legal right of action for mesne profits is’ lost by the death of the^defendant; and in Bard v. Nevin, 9 Watts, 328, on the authority of that case, and Pultney v. Warren, 6 Vesey, 86, it is decided, that an action will not lie against the personal representatives of a deceased defendant in ejectment, to recover the- mesne profits of land, which accrues during the pendency of the action.These cases are ruled on the principle, that the cause of action does not survive. The effect of the decision, in Harker v. Whitaker, and *96Bard v. Nevin,…
2Cases cited6 opinions
- Dawson v. M'GillSupreme Court of Pennsylvania · 1839
- Harker v. WhitakerSupreme Court of Pennsylvania · 1836
- Kean v. FranklinSupreme Court of Pennsylvania · 1819
- Keite v. BoydSupreme Court of Pennsylvania · 1827
- Large v. PassmoreSupreme Court of Pennsylvania · 1819
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3Cited by1 opinion
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914