Boyd's Lessee v. Cowan

4 U.S. 138 (____)

4 Dall. 138

Boyd's Lessee

versus

Cowan.

Supreme Court of United States.

M`KEAN, Chief Justice.

In delivering my sentiments upon the point reserved in this cause, I shall first consider the objections made to the recovery of the mesne profits, in the action of ejectment; and then, the reasons in favour of such a recovery.

1st. The leading objection (and which at first sight appears the strongest) is, that the action of trespass for the mesne profits, is always laid with a continuando; thus differing from the form of the action of ejectment, which alleges only a single act of entry…