Ringhouse v. Keener

Citations

• 63 Ill. 230

Syllabus

<p>1. Limitations—mesne profits. All rents and profits which accrued more than five years before the filing of suggestions claiming mesne profits, are barred by the statute of limitations.</p> <p>3. Same—plea. In a proceeding to recover mesne profits under the statute, a plea that the cause of action in the several counts mentioned did not accrue to the plaintiff at any time within five years next before the commencement of the suit, was held good on demurrer.</p> <p>3. Mesne profits—new suit. A proceeding to recover mesne profits under the statute, after a recovery in ejectment, is substantially a new suit, and not a continuation of the action of ejectment. In it there is required a new service, new declaration, pleadings, trial and judgment. Its commencement is the filing of suggestions, and all pleas should be framed in that view.</p> <p>4. The plaintiff is not restricted to a recovery of rents accruing before the commencement of the suit in ejectment, but may recover for the rents and profits up to the time of filing his suggestions, if the defendant continues in possession.</p> <p>5. Set-off to mesne profits—limitation. The right to set off the value of improvements placed upon the land more than five years before the commencement of the proceeding as against rents and profits, is barred by the statute of limitations when relied on. The statute must operate alike upon the claims of both parties.</p> <p>• 6. Same—taxes. Taxes paid by the tenant while in the possession of the land, is a just and proper set-off to the rents and profits for which he is chargeable. “</p> <p>7. Same—evidence. In a proceeding to recover mesne profits^ commenced January 27, 1871, the defendants offered to prove, as a set-off, the worth of keeping the fences in repair from November 12,1862, to March 8, 1870, the date of the recovery in ejectment, which the court refused to allow: Held, that the court decided correctly, for two reasons: first, because there was no proof that the fences n