Soper v. Pratt
Supreme Judicial Court of Maine
On statement oe eaots. This was an action to recover for mesne profits between May 11th, 1857, and September 10th, 1861. Erom the case, it appears that the plaintiff, on the said 11th day of May, 1857, instituted a suit to recover the premises, and claimed damages for rents and profits to the date of his writ. The tenant claimed betterments.
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On statement oe eaots. This was an action to recover for mesne profits between May 11th, 1857, and September 10th, 1861. Erom the case, it appears that the plaintiff, on the said 11th day of May, 1857, instituted a suit to recover the premises, and claimed damages for rents and profits to the date of his writ. The tenant claimed betterments. The jury found for the demandant in that case, and estimated the increased value of the premises, by reason of improvements made by the tenant, at $970. They further found the value of the land,, if no improvements had been made, would have been $1500. In…
1Opinion of the Court
*559The opinion of the Court was drawn up by
Kent, J.
It is a well settled doctrine of the. common law that, after a recovery in ejectment, the plaintiff may maintain a new suit of trespass and recover thereby the mesne profits. By our Revised Statutes, he can now recover such profits in the original suit for the land, up to the date of his writ, if he makes the claim in his writ. But, for those rents and profits accruing after the date of the writ, he must resort to a new action of trespass. Larrabee v. Lumbert, 36 Maine, 447.
The plaintiffs institute this suit to recover such mesne profits, from…
2Cases cited1 opinion
- Rose v. OliverNew York Supreme Court · 1807