Lane v. Harrold
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 83, October and November Term 1872. This was an action of trespass for mesne profits, brought December 17th 1869, by Henry Lane against Bennett Lane and Elizabeth Harrold. The cause was tried February 14th 1872, before Logan, P. J. The plaintiff gave in evidence the record of an action of ejectment between the same parties to August Term 1865 of the Court of Common Pleas of Westmoreland county.
Read the full summary
Error to the Court of Common Pleas of Westmoreland county: No. 83, October and November Term 1872. This was an action of trespass for mesne profits, brought December 17th 1869, by Henry Lane against Bennett Lane and Elizabeth Harrold. The cause was tried February 14th 1872, before Logan, P. J. The plaintiff gave in evidence the record of an action of ejectment between the same parties to August Term 1865 of the Court of Common Pleas of Westmoreland county. The land described in the writ of ejectment was for the whole of the tract, for three-fourths of which the plaintiff in this case claimed…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
That a tenant in common may maintain an action of trespass for mesne profits against his co-tenant, by whom he has been ousted, after a recovery against him in ejectment, is too well settled to admit of doubt: Hare v. Fury, 3 Yeates 13; Chambers v. Lapsley, 7 Barr 24; Bennet v. Bullock, 11 Casey 364; Critchfield v. Humbert, 3 Wright 427. The judgment in ejectment is conclusive evidence of the plaintiff’s right to the possession of the premises, and his right to mesne profits from the service of the writ: Osbourn v. Osbourn, 11 S. & R. 55;…
2Cases cited1 opinion
- Hare v. FurySupreme Court of Pennsylvania · 1800
3Cited by2 opinions
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Bush v. GambleSupreme Court of Pennsylvania · 1889