2 Johns. 370
Decided August 15, 1807
New York Supreme Court · decided 1807-08-15
This was an action for mesne profits, tried at the last June circuit, in Dutchess county, when a verdict was taken for the plaintiff for 150 dollars damages, Subject to the opinion of the court on the following case. ' The defendant, and those under whom she claims, had been in possession of the premises in question for above thirty years past.
Good law ✅— No negative treatment on recordhow we know
Decided 1807-08-15
Cited by 7 later decisions — most recently July 1875
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1(stopping Tallmadge.) It is well settled,that the right to mesne profits is a uecessary consequence-' *371of a recovery in ejectment 5 and the defendant could not. set up a title in bar, even if he clearly had a better title; It cannot be said, that the second trial ascertained which had the better right. A court of law has no power to put an end to the litigation of.parties in.ejectment^ in this way. ■ _
¶2Judgment for the plaintiff