Action for Mesne Profits – following a successful act of ejectment, a suit brought by a landowner to recover from losses resulted from 1.) the use of the land during the wrongful occupation 2.) the costs of the ejectment

Definition of Action for Mesne Profits:

“A lawsuit seeking damages suffered by a landowner who has succeeded in a common-law action of ejectment whereby the plaintiff may recover for both the use of the land during the wrongful occupation and the costs of ejectment. – Also termed action of trespass for mesne profits; action for the recovery of mesne profits.

     Excerpt from Ransom H. Tyler’s A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in the United States:

     “[A]n action for the mesne profits is consequential to the recovery in ejectment. It may be brought by the lessor of the plaintiff in his own name or in the name of the nominal lessee; and in either shape it is equally his action.  But, if the action is brought in the name of the nominal lessee in the ejectment suit, the mesne profits can be recovered only since the time of the demise laid in the declaration in the original action of ejectment. If the interest of the lessor of the plaintiff in the ejectment suit to the mesne profits has passed to an assignee, devisee, or personal representative of such lessor, the action for such mesne profits may be maintained by the successor of such lessor in his own name or in the name of the nominal lessor in the ejectment suit, under the same rule applicable to the original lessor.

Above drawing from TV Tropes, called “The Exile” (artist uncited) used in accordance with Fair Use.

References:

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6, page 39

[2]: Ransom H. Tyler, A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in the United States 840 (1870) (citations omitted).

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