Duncan v. Jackson

This is an action of ejectment wherein there was judgment for the appellants, who were plaintiffs in the court below. The land for which the action was brought was a lot in the city of Pensacola, and the judgment was for one-half of it. There was a motion for a new trial, which was denied, and from the consequent judgment this appeal is prosecuted. There are several grounds upon which this motion was based, but in the disposition of the case we refer to only one. Under our statute, (Chapter 999, Laws,) the 'plaintiff is entitled to recover mesne profits. The jury was so instructed in this…