Drexel v. Man
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. March 9. — Drexell brought trespass for mesne profits from the 24th July, 1841, to the 19th Jan. 1843; and on the trial, before Kennedy, J., showed a record of a recovery in ejectment for the land, in which the writ was served on the 24th July, and the hab. fa. poss. executed January 19th; and having proved the value, closed his case.
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Certificate from the Nisi Prius. March 9. — Drexell brought trespass for mesne profits from the 24th July, 1841, to the 19th Jan. 1843; and on the trial, before Kennedy, J., showed a record of a recovery in ejectment for the land, in which the writ was served on the 24th July, and the hab. fa. poss. executed January 19th; and having proved the value, closed his case. Defendant offered to show: 1. That he was a bona fide purchaser, and entitled to defaulk for improvements. 2. That he held under a legal adjudication. 3. That he was not such a trespasser as to be liable in this case; and to do…
1Opinion of the Court
Kennedy, J.,
after stating the case. — That the action of trespass is the proper mode for recovering the mesne profits, after a recovery had in ejectment, notwithstanding the changes made by the acts of Assembly of the 21st of March, 1806, and the 13th of April, 1807, prescribing that an ejectment should be commenced by suing out a writ of a certain form, in the name of the party claiming to recover the land, instead of serving the party in possession with a declaration and a notice to appear, &c., as practised prior thereto, was decided by this court in Osborn v. Osborn, 11 Serg. & Rawle, 55.…
2Cases cited3 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Jackson v. StoneNew York Supreme Court · 1816
- Osbourn v. OsbournSupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Henry v. DavisSupreme Court of Alabama · 1907