Man v. Drexel
Supreme Court of Pennsylvania
Error to the District Court of the city and county of Philadelphia. Feb. 3, 4. — Trespass for mesne profits. On the trial before Jones, J., plaintiff gave in evidence the proceedings in an ejectment, in which the writ issued February 3, 1843, and judgment was obtained March 22, 1844, and claimed for the profits between these dates, having proved the value.
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Error to the District Court of the city and county of Philadelphia. Feb. 3, 4. — Trespass for mesne profits. On the trial before Jones, J., plaintiff gave in evidence the proceedings in an ejectment, in which the writ issued February 3, 1843, and judgment was obtained March 22, 1844, and claimed for the profits between these dates, having proved the value. Defendant showed an ejectment against the vendor of plaintiff for the same property in which the writ issued 24th July, 1841, and a judgment followed by a hab. facias possessionem, executed. The court being of opinion that the first…
1Opinion of the Court
Kennedy, J.,
after stating the case and the direction of the court. — It appears to us that the instruction given by the court *203to the jury cannot be sustained. If the court had instructed the jury that the recovery of the premises in the ejectment brought by the plaintiff, that is Daniel Man, jun., against the defendant, Francis M. Drexel, was conclusive evidence, not only of his right to the possession thereof, but likewise of his right to receive the mesne profits, from the date of suing out his writ, on the 3d day of February, 1843, commencing the ejectment, until he recovered the…
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