A Practical Treatise of the Law of Evidence; And Digest of Proofs in Civil and Criminal Proceedings Volume 2, No. 1

A Practical Treatise of the Law of Evidence; And Digest of Proofs in Civil and Criminal Proceedings Volume 2, No. 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ... in assessing them, the jury may include all the plaintiff's reasonable and necessary expenses--such as counsel fees, &c. Denn v. Chubb, 1 Coxe's Rep. 466. By statute in Virginia, trespass for mesne profits of land recovered in ejectment, survives against the defendant's representatives. Lee v. Cooke, Gilmer, 331. After judgment for the plaintiff in ejectment, trespass for the mesne profits, without proof of an actual trespass, docs not lie against one who was no party to the suit when the judgment was entered. Alexander v. Herbert, 2 Call. 508. In Maryland, a recovery in trespass for the mesne profits is only for die use and occupation of land, and does not bar an action of trespass qua re clausum fregit, for injuries done to the premises during the same period. Gill v. Cole, I liar. & J. 403. If the plaintiff can prove that his title accrued before the time of the demise in the ejectment, and that the defendant has boen longer in possession, he may recover antecedent profits: But the defendant in such case, may controvert his title. West v. Hughes, 1 liar. & J. 574. Though a writ of inquiry of damages will lie in ejectment Joan v. Shields, 3 Hur. &. M'Hcn. 7), yet the mesne profits cannot be given in evidence on the execution of such writ. Gore v. Wortkington, 3 Hur. & M'Hen. 9a In South Carolina, a recovery in an action of trespass on land is a bar to an action for the recovery of mesne profits, anterior to the verdict in trespass. Coleman v. Parish, 1 M'Cord, 264. And an action for mesne profits, docs not lie after an action of trespass to try title. Sumter v. Lehie, I Const. Rep. 102. In Massachusetts, the tenant in a real action, against whom judgment has been rendered, may, after the reversal of &uch judgment, by...
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Product details

  • Paperback | 680 pages
  • 189 x 246 x 35mm | 1,193g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236506219
  • 9781236506214