Fowler v. Owen
Supreme Court of New Hampshire
Trespass, quare clausum, for the recovery of damages for acts •done January 1,1887, and on divers days between that day and the date of the writ, March 19, 1892, and of the expenses incurred in regaining possession of the land from the defendant and his tenants and servants. Verdict for the plaintiff.
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Trespass, quare clausum, for the recovery of damages for acts •done January 1,1887, and on divers days between that day and the date of the writ, March 19, 1892, and of the expenses incurred in regaining possession of the land from the defendant and his tenants and servants. Verdict for the plaintiff. Subject to the defendant’s exception, evidence was received tending to show the following facts: In 1890, the plaintiff recovered judgment in an action of trespass against Asa Beckman for building a house upon the premises. Owen, claiming to own the premises and that Beckman was his tenant,…
1Opinion of the CourtChase, J.
At common law, after a party obtains judgment in ejectment he may maintain trespass for mesne profits and recover, as a part of the damages, the costs necessarily incurred in the action of ejectment. 1 Chit. PI. *192, *196; 2 Chit. Pl. *870; Aslin v. Parkin, 2 Burr. 665; Nowell v. Roake, 7 B. & C. 404; Symonds v. Page, 1 C. & J. 29; Baron v. Abeel, 3 Johns. 481. In Nowell v. Roake, a judgment recovered by the defendant in ejectment was reversed upon a writ of error, and it was held that the costs in the writ of error, taxed as between attorney and client, were recoverable as a part of the damages in the…
2Cases cited3 opinions
- Baron v. AbeelNew York Supreme Court · 1808
- Sweetland v. StetsonMassachusetts Supreme Judicial Court · 1874
- Nickerson v. ThacherMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Harkeem v. AdamsSupreme Court of New Hampshire · 1977
- Keenan v. FearonSupreme Court of New Hampshire · 1988
- Indian Head National Bank v. CoreySupreme Court of New Hampshire · 1986
- Kunkel v. Utah Lumber Co.Utah Supreme Court · 1905
- Manchester v. HodgeSupreme Court of New Hampshire · 1910
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