Benson v. Matsdorf
New York Supreme Court
This was an action for mesne profits, tried at the last June circuit, in Dutchess county, when a verdict was taken for the plaintiff for 150 dollars damages, Subject to the opinion of the court on the following case. ' The defendant, and those under whom she claims, had been in possession of the premises in question for above thirty years past.
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This was an action for mesne profits, tried at the last June circuit, in Dutchess county, when a verdict was taken for the plaintiff for 150 dollars damages, Subject to the opinion of the court on the following case. ' The defendant, and those under whom she claims, had been in possession of the premises in question for above thirty years past. In August term, 1805, the plaintiffs recovered judgment in an action of ejectment against the defendant, and took possession under that judgment, and immediately afterwards brought the present action for the mesne profits. As soon as the plaintiffs…
1Opinion of the Court
Per Curiamr
(stopping Tallmadge.) It is well settled,that the right to mesne profits is a uecessary consequence-' *371of a recovery in ejectment 5 and the defendant could not. set up a title in bar, even if he clearly had a better title; It cannot be said, that the second trial ascertained which had the better right. A court of law has no power to put an end to the litigation of.parties in.ejectment^ in this way. ■ _
Judgment for the plaintiff
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