Budd v. Walker
New York Supreme Court
Suggestion for mesne profits. The suggestion claimed mesne profits from 12th of July, 1837, until 15th of April, 1845. On the tiiial at the Monroe circuit, in February, 1847, before Whiting, circuit judge, the plaintiff introduced in evidence a judgment record in an ejectment suit between the parties to this action, filed in the clerk’s office in Geneva, 13th December, 1844, by which it appeared the plaintiffs had recovered certain premises in the town of Greece, Monroe…
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Suggestion for mesne profits. The suggestion claimed mesne profits from 12th of July, 1837, until 15th of April, 1845. On the tiiial at the Monroe circuit, in February, 1847, before Whiting, circuit judge, the plaintiff introduced in evidence a judgment record in an ejectment suit between the parties to this action, filed in the clerk’s office in Geneva, 13th December, 1844, by which it appeared the plaintiffs had recovered certain premises in the town of Greece, Monroe county. It appeared by this record that the ejectment suit was commenced in July, 1837. The suggestion for mesne profits was…
1Opinion of the Court
By the Court, Welles, J.
The plaintiff was permitted to recover for the mesne profits during six years next succeeding the commencement of the ejectment suit—that is to say, from July, 1837, to July, 1843. The judgment roll in the ejectment Suit was filed Dec. 30,1844, and the suggestion for mesne profits was filed in April following—1845.
I think it can not be successfully contended that the plaintiff *494had the right of selecting any six years he might choose, and recover for that period. The six years referred to in the statute must be a fixed and certain period, with reference to some stage of…
2Cited by7 opinions
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
- McCann's Adm'r v. RighterWest Virginia Supreme Court · 1890
- Willis v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903
- Willis v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903
- Grout v. CooperNew York Supreme Court · 1876
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