Ewalt v. Gray
Supreme Court of Pennsylvania
ERROR to the district court of Mlcgheny county. James Gray against Samuel Ewalt. This was an action of trespass for mesne profits of a house and lot, in the city of Pittsburgh.
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ERROR to the district court of Mlcgheny county. James Gray against Samuel Ewalt. This was an action of trespass for mesne profits of a house and lot, in the city of Pittsburgh. The plaintiff gave in evidence, the record of an action of ejectment for the house and lot, against James'Ellin and George Ledlie, No. 151, April term 1828, which, .by agreement, was referred without the right of appeal, and in which the referees made the following award, on the 30th of December 1829. “We do find and award in favour of the plaintiff, upon this ground exclusively, that the defendant came into…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Trespass for mesne profits is a legal action, susceptible, however, of equitable defence borrowed, it is probable, from the practice in chancery on bills to account; and it is certain that a desseisor of his own tenant, may recoup as much as would have accrued to him had not the rent been suspended by his entry. Nothing is more distinctly visible than the existence of his equity, or better established by the authorities. The question is, then, whether an excess of profits over the rent in a given year, may be balanced by a deficiency in…
2Cited by3 opinions
- Tongue v. NutwellCourt of Appeals of Maryland · 1869
- Mitchell v. MitchellCourt of Appeals of Maryland · 1856
- Milner v. Milner, Pennsylvania Court of Common Pleas, Philadelphia County1960