Lee v. Humphries
Supreme Court of Georgia
Complaint for land. Before Judge Felton. Bibb superior court. June 1, 1905. Thomas Lee ancb Sarah Sheffield brought suit against Charlotte Humphries and others, for a certain described tract of land and mesne profits. The jury returned the following verdict: “We, the jury, find for the plaintiffs the land and mesne profits $3.00 per annum for rent of land. We find for defendant the value'of the improvements, $188.50. April 21, ’05. J. E. Bowdre, Foreman.”
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Complaint for land. Before Judge Felton. Bibb superior court. June 1, 1905. Thomas Lee ancb Sarah Sheffield brought suit against Charlotte Humphries and others, for a certain described tract of land and mesne profits. The jury returned the following verdict: “We, the jury, find for the plaintiffs the land and mesne profits $3.00 per annum for rent of land. We find for defendant the value'of the improvements, $188.50. April 21, ’05. J. E. Bowdre, Foreman.” Whereupon the judge immediately ordered the jury to return to their room and make a verdict in accordance with the form given in his…
1Opinion of the CourtCobb, P. J.
The charge of the court excepted to correctly set forth the law governing the recovery of mesne profits in an action where the defendant is a bona fide possessor under a claim of right. In estimating -mesne profits in such a case the basis must be the rental value of the land without the improvements placed thereon by the defendant. In the case of Dean v. Feely, 69 Ga. 822, 'this' court approved the following from Sedgwick & Wait on Trial of Title to Land: “The principle of law which prohibits the true owner from recovering as mesne profits the increase of income re-*541suiting from improvements…
2Cases cited6 opinions
- Beverly v. BurkeSupreme Court of Georgia · 1851
- Dean v. FeelySupreme Court of Georgia · 1883
- Austell v. SwannSupreme Court of Georgia · 1885
- Jordan v. DownsSupreme Court of Georgia · 1903
- Tripp v. FausettSupreme Court of Georgia · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Smith v. PilcherSupreme Court of Georgia · 1908
- Bowman v. OwensSupreme Court of Georgia · 1909
- Lowery v. MortonSupreme Court of Georgia · 1946
- Norris v. RichardsonSupreme Court of Georgia · 1921
3 more not listed; retrieve them via the Exa API.