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1 U.S. 177

Shotwell v. Boehm

Supreme Court of the United States · decided 1786-06

Held: that the recovery in the ejectment is conclusive, as to all damages subsequent to the service of the writ of ejectment, but as to the previous profits, it is necessary for the plaintiff to show his own title, and possession by the defendant. See McCredy v. Guardians, 9 S. & R. 101; Osbourn v. Osbourn, 11 Id. 55 .

1 counsel of record

Relies on Hare v. Fury

Decided 1786-06

¶1Mesne profits.

¶2Trespass for mesne profits, after recovery in ejectment.

¶3Rawle, for the plaintiff. Sergeant, for the defendant.

¶4■ It was ruled by the Court, that the plaintiff shall not give evidence of the annual value of the premises, beyond the time of the lease mentioned in the declaration in ejectment,(a) although the present action was brought by the lessor of the plaintiff.

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