Sanderson v. Price
Supreme Court of New Jersey
Error to the Supreme Court. This was an action of trespass for mesne profits, brought by Edward Price deceased, the plaintiff’s testator, tried before the Chief Justice at the Essex Circuit, October, 1843. The testator recovered in an action of ejectment the premises in question, of David Sanderson, the defendant. The premises were mortgaged by one John II.
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Error to the Supreme Court. This was an action of trespass for mesne profits, brought by Edward Price deceased, the plaintiff’s testator, tried before the Chief Justice at the Essex Circuit, October, 1843. The testator recovered in an action of ejectment the premises in question, of David Sanderson, the defendant. The premises were mortgaged by one John II. Smith, a former owner, to the said Edward Price, on the 1st March, 1836, to secure a debt of $16,000. Smith conveyed the premises to one Elias Corriell, by deed dated 27th March, 1837; and Elias Corriell conveyed the same to Anna Corriell,…
1Opinion of the CourtCarpenter, J.
(with whom Whitehead, Randolph, and Speer concurred), delivered the following dissenting opinion s
The judge at the trial refused to permit the defendant to prove improvements made, not by Sanderson the tenant, hut by Smith the mortgagor, under whom Sanderson had gone into possession. In this he was clearly right. Lasting improvements made in good faith by the defendant, have been allowed him in this action, against the rents and profits claimed by the plaintiff. 2 Greenl. Ev. § 337. But it is difficult to see on *644what equitable ground the defendant can claim to be allowed in mitigation of…
2Cases cited4 opinions
- Morgan v. VarickNew York Supreme Court · 1832
- Babcock v. KennedySupreme Court of Vermont · 1829
- Case v. De GoesNew York Supreme Court · 1805
- Danforth v. SargeantMassachusetts Supreme Judicial Court · 1780
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- Kirkeby Corp. v. Cross Bridge Towers, Inc.New Jersey Superior Court Appellate Division · 1966
- L. F. Dommerich & Co. v. BressDistrict Court, D. New Jersey · 1968
- Deakyne v. Lewes Anglers, Inc.District Court, D. Delaware · 1962