Scheffel v. Weiler

The question presented in this case is, whether an action of trespass quare clausum, fregit can be maintained by one not in possession and not entitled to possession at the time the wrongful entry was made, but who during the continuance of the trespass became entitled to the possession, and who has recovered judgment for the possession of the premises, against the defendant, and been put in possession by the sheriff, the action being brought to recover only damages accruing after the plaintiff became entitled to possession.

In effect this action is for mesne profits although in form it is…