Jackson v. Loomis
New York Supreme Court
Trespass for mesne profits, tried at.the Washington cm cuit; July 15th; 1823; before Walworth;.C. Judge; On. the trial, the plaintiff produced' in evidence an. exemplification of a.record of recovery, in an action of ejectment, duly, signed and filed on the 5th day of March, 1822, by which it appeared that the demise in the declaration, was.laid- on- the-2d day of February, 1818; and it was- admitted by-the defendant, that a writ of possession had been issued on the…
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Trespass for mesne profits, tried at.the Washington cm cuit; July 15th; 1823; before Walworth;.C. Judge; On. the trial, the plaintiff produced' in evidence an. exemplification of a.record of recovery, in an action of ejectment, duly, signed and filed on the 5th day of March, 1822, by which it appeared that the demise in the declaration, was.laid- on- the-2d day of February, 1818; and it was- admitted by-the defendant, that a writ of possession had been issued on the judgment, and the lessor of the plaintiff put into, possession of the premises, on the 15th July, 1822,.' Robert Wilcox was then…
1Opinion of the Court
Curia, per
Savage, C. J.
Though 1 find no cases in point upon the question presented, either in England or this state, there are several which bear upon it. In the case of Van Alen v. Rogers, (1 John. Cas. 281,) the defendant held the premises under a contract with the devisor of the plaintiff. In an action for mesne profits, the defendant offered to prove that by permission of the original owner, he built a house, barn and store then occupied by the plaintiff. The Court say the improvements were made antecedent to the plaintiff’s title; if the defendant is entitled to compensation, he must…
2Cited by22 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Effinger v. HallSupreme Court of Virginia · 1885
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Bedell v. . ShawNew York Court of Appeals · 1874
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