Pace v. Hoban

Citations

• 27 Pa. Super. 574
• 1905 Pa. Super. LEXIS 106

Syllabus

<p>Husband and wife — Ejectment—Trespass—Mesne profits — Liability of husband.</p> <p>An action of trespass cannot be maintained against a husband to charge him with mesne profits for which a recovery was had against his wife, on the ground that the defendant had aided, abetted and assisted his wife in disseizing the plaintiff, where the evidence fails to show that defendant had acted in concert with his wife, or that he had collected rents for himself, or had participated in the management of the property, other than to make some repairs upon it.</p> <p>In such a case the fact that the husband testified for his wife in the action of ejectment against her, raises no presumption of liability against him for mesne profits.</p>