Hare v. Fury
Supreme Court of Pennsylvania
The plaintiff declared in trespass for mesne profits of two fifth parts of two parcels of land, situate in New London township, from 10th May 1780 to 10th September 1795. The defendant pleaded not guilty and the statute of limitations. The plaintiff shewed the record of an ejectment brought by his nominal lessee against the defendant, wherein a demise was laid on the 10th June 1788 for seven years.
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The plaintiff declared in trespass for mesne profits of two fifth parts of two parcels of land, situate in New London township, from 10th May 1780 to 10th September 1795. The defendant pleaded not guilty and the statute of limitations. The plaintiff shewed the record of an ejectment brought by his nominal lessee against the defendant, wherein a demise was laid on the 10th June 1788 for seven years. The suit had been removed into the Supreine Court, and on a distringas being issued for a jury at Nisi' Prius on the 9th May 1791, the defendant admitted on record, that the lessor of the plaintiff…
1Opinion of the Court
By the Court.
After a recovery in ejectment, the general rule is, that the plaintiff may recover mesne profits against the defendant for such length of time as he can prove him to have been in possession; if he goes beyond the time laid in the demise, the defendant may controvert his title, or may plead the statute of limitations, if the plaintiff attempts going back above six years. Bull. 87, 88. But a natural distinction presents itself in the case of one joint tenant, or tenant in common recovering the possession against their partners on an actual ouster. The defendants in such instances…
2Cases cited1 opinion
- Chestnut AvenueSupreme Court of Pennsylvania · 1871
3Cited by10 opinions
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- Dawson v. M'GillSupreme Court of Pennsylvania · 1839
- Chambers v. LapsleySupreme Court of Pennsylvania · 1847
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