Emrich v. Ireland

Citations

• 55 Miss. 390

Syllabus

<p>1. Ejectment. Damages at common law.</p> <p>Since the action of ejectment was adopted as a mode of trying title to real estate, it is well settled, as a rule of common law, that the jury, in the assessment of damages, are confined to a compensation for the injury sustained by the ejectment, which, being fictitious, the damages can only be nominal.</p> <p>2. Same. The action originally. Mesne profits, how recovered, since its adoption to try title.</p> <p>The action of ejectment was originally a remedy for a tenant who had been, ejected, and he recovered his term and damages for the time he had been kept out of possession, which included the profits of the land. But when the action lost its primary characteristic, and was adopted merely .to try title, that which originally was a reality — the lease, entry, and ouster — was retained as mere fictions, and mesne profits were recovered in a subsequent action.</p> <p>3. Same. Mesne profits under the code of 1871, section 1557.</p> <p>Under the Code of 1871, section 1557, it is optional with the plaintiff to demand and recover the mesne profits in his action of ejectment, or he may pretermit them and recover them, in a subsequent action, after the recovery in ejectment.</p> <p>4. Same. Damages for waste, at common law.</p> <p>At common law, damages for waste could be recovered in an.action for mesne profits, if specifically counted for and demanded in the declaration.</p> <p>Qucere: Can damages for waste apd for injuries to the freeholder be recovered in an ejectment suit, under Code of 1871, section 1557?</p> <p>5. Trespass quare clausum eregit. Who may maintain the action.</p> <p>The general rule is that only the party in possession can maintain the action of trespass quare clausum fregit. But, after the disseizee regains possession, he . can maintain his action against the disseizor for acts intermediate the disseizin and reentry.</p> <p>6. Fixtures. Fences are.</p> <p>It is well settled that fencing is a fixture, an