Jones v. Chiles

Judge Ewing

delivered the Opinion of the Court.

The only question to be decided in this case is, can one tenant in common maintain trespass quern clausum fregit against his co-tenant?

Though it is conceded that, one tenant in common may maintain ejectment against his co-tenant, in case of an actual ouster, and after a recovery of the possession, may maintain trespass for the mesne profits, it has been held that the latter action is an exception from the general rule,, and in no other case can he maintain an action of trespass. 1 Coke Lit. 784-5, note n. 0. and p. And this doctrine has been…