Fenn v. Stille
Supreme Court of Pennsylvania
John Duesteud recovered by ejectment, in the name of Richard Fenn his lessee, a house and lot in the city of Philadelphia, against the defendant, and afterwards brought this suit for the mesne profits.
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John Duesteud recovered by ejectment, in the name of Richard Fenn his lessee, a house and lot in the city of Philadelphia, against the defendant, and afterwards brought this suit for the mesne profits. Pending the action, Duffield, by deed dated 1st November 1787, conveys the premises to the defendant in consideration of 1500I., with the usual words of “all his right, title, interest, claim, and demand of, and in the same. ’ ’ A case was made for the opinion of the court, whether the lessor of the plaintiff, after conveying his title, could maintain trespass; and whether the deed is not. a…
1Opinion of the Court
* Per curiam.
It has been settled, that one may maintain r*iKK *- trespass founded on his possession, notwithstanding the assignment of his right. No words contained in this deed released the right of action for mesne profits. This suit does not depend on privity of estate, nor is it brought for rent, like the cases cited for the defendant. It is instituted against the defendant as a wrong-doer, and considers him as a trespasser. The expressions of the conveyance release to the défendant, all the title of Duffield to the house and lot, and not any damages sustained by him under former torts or…
2Cited by3 opinions
- Thompson v. MorrowSupreme Court of Pennsylvania · 1819
- Van Alen v. RogersNew York Supreme Court · 1800
- Murray v. GarretsonSupreme Court of Pennsylvania · 1818