A Treatise On the Measure of Damages; Or, An Inquiry Into the Principles Which Govern the Amount of Pecuniary Compensation Awarded By Courts of Justice

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Eliz. 640; Morgan v. Varick, 8 Wendell, 587.
son, 31 Penn. St. 456. And to entitle the defendants to a deduction of the value of their im- provements, it must appear that they held under color of title adversely to the claims of the plaintiff in good faith. White v. Moses, 21 Cal. 34.
' In New York, on a suggestion for mesne profits, after a recovery in ejectment, the plaintiff can recover for the six years next before the filing of the suggestion only. He cannot elect to recover for the six ye
...ars next succeeding the commencement of the. ejectment suit, Bndd V. Walker, 9 Barb. 493. And a defendant cannot he charged in damages for a period when he was not in possession in fact or in judgment of law., New York Supreme Court, 1 844.
Hill & D. supp. 389. In Indiana it is held that the recovery may be down to the time of the trial, if the defendant remains in possession. Fendergast v. McCaslin, 2 Ind. 87.
144 DAMAGES IN REAL ACTIONS. [CH. IV.
other hand, there is nothing necessarily in the action of the nature of a trespass.


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