Trespass For Mesne Profits

A form of action, supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has unlawfully received during the time of his occupation. 3 Bl. Comm. 205; 4 Burrows, 1668. The person who actually received the profits is to be made defendant, whether defendant to the ejectment or not. 11 Wheat. (U. S.) 280. It lies after a recovery in ejectment (5 Cow. [N. Y.] 33; 11 Serg. & R. [Pa.] 55), or entry (6 N. H. 391), but not trespass to try title (Const. [S. C] 102; 1 Mc Cord [S. C] 264); and the judgment in ejectment is conclusive evidence against the defendant for all profits which have accrued since the date of the demise stated in the declaration in ejectment (1 Blackf. [Ind.] 56; 2 Rawle [Pa.] 49); but suit for any antecedent profits is open to a new defense, and the tenant may plead the statute of limitations as to all profits accruing beyond the period fixed by law (8 Bl. Comm. 206, note; 2 Root [Conn.] 440). TRESPASS ON THE 0A8E. Ill prerottce. The form rf action by which a peratm eeek^ to recover damages caused by an injury unaccompanied with force, or which rrtrolts in^ directly from the act of the defendant. It TRESPASS QUARE 0LAU8UM FREGIT (Lat. quare ckmsian fregit, because he has broken the close).

In practice. The form of action which lies to recover damages for injuries to the realty consequent upon entry without right, but not by force, upon the plaintiff's land.

A form of action supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has unlawfully received during the time of his occupation. 3 Bla. Com. 205; 4 Burr. 1668. See Mesne Profits.

A form of action supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occupation. 3 Bl. Comm. 20a.
—-Trespass on the case. The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct or immediate force, or which is the indirect or secondary consequence of such act. Co.mmonly called, by abbreviation, "Case." See Munal v. Brown (C, C.) 70 Fed. 968; Nolan v. Railroad Co., 70 Conn. 159, 39 Atl. 115; 43 In R. A. 305; Christian v. Mills, 2 Walk. (Pa.) 131.

Defined under Trespass in Black's Law Dictionary.