Heckart v. Zerbe
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. This was an action of trespass for mesne profits, brought by Jonas and Elizabeth Heckart against Philip and Joseph Zerbe.
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ERROR to the common pleas of Northumberland county. This was an action of trespass for mesne profits, brought by Jonas and Elizabeth Heckart against Philip and Joseph Zerbe. The plaintiff gave in evidence the record of an action of ejectment for the land between the same parties, in which the jury rendered a “ verdict for plaintiffs, after paying defendants 400 dollars, defendant not to demand 59 dollars 72 cents, that he has a credit for in his last account, payable in six months,” upon which judgment was rendered. It appeared the 400 dollars were paid, and the defendant took out execution…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
It is very evident, 'from the terms of the verdict found hy the jury in the action of ejectment, the record of which was given in evidence by the plaintiffs on the trial of this cause, and was considered by them as paving the way for the maintenance of it, that the possession of the land by the defendant was not unlawful, at least in an equitable point of vierv, but on the contrary was rightful, and such as he was not bound to surrender or part with to the plaintiffs until they paid him the sum of 400 dollars. Though generally an action of…
2Cases cited5 opinions
- McGuinty v. HerrickNew York Supreme Court · 1830
- Schermerhorn v. SchermerhornNew York Supreme Court · 1830
- Stevens v. JudsonNew York Supreme Court · 1830
- Vincent v. Lessee of HuffSupreme Court of Pennsylvania · 1818
- Coolbaugh v. PierceSupreme Court of Pennsylvania · 1822