Benson v. Matsdorf

New York Supreme Court

Benson v. Matsdorf

2 Johns. 370

CourtNew York Supreme Court

DecidedAugust 15, 1807

StatusPublished

Cited by11 cases

This text of 2 Johns. 370 (Benson v. Matsdorf) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benson v. Matsdorf, 2 Johns. 370 (N.Y. Super. Ct. 1807).

Pincite

Opinion

Per Curiamr

(stopping Tallmadge.) It is well settled,that the right to mesne profits is a uecessary consequence-' [371]*371of a recovery in ejectment 5 and the defendant could not. set up a title in bar, even if he clearly had a better title; It cannot be said, that the second trial ascertained which had the better right. A court of law has no power to put an end to the litigation of.parties in.ejectment^ in this way. ■ _

Judgment for the plaintiff

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Per Curiamr

(stopping Tallmadge.) It is well settled,that the right to mesne profits is a uecessary consequence-' [371]*371of a recovery in ejectment 5 and the defendant could not. set up a title in bar, even if he clearly had a better title; It cannot be said, that the second trial ascertained which had the better right. A court of law has no power to put an end to the litigation of.parties in.ejectment^ in this way. ■ _

Judgment for the plaintiff

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Bluebook (online)

2 Johns. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-matsdorf-nysupct-1807.

Opinion

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