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Duffield Vs. Stille - Court Judgment

LegalCrystal Citation
CourtUS Supreme Court
Decided On
Case Number2 U.S. 156
AppellantDuffield
RespondentStille
Excerpt:
..... v. stille supreme court of pennsylvania march term, 1792 this was an action for mesne profits, after a recovery in ejectment. it appeared, that subsequent to that recovery, the plaintiff had conveyed the fee simple of the premises to the defendant, in the usual manner, by deed of bargain and sale, with a special warranty: and two questions were made for the opinion of the court 1st. whether, after the conveyance in fee simple, the plaintiff could maintain this action? 2nd. whether the deed was not, in law, a release of the mesne profits? for the defendant were cited, freem. 365. bro. ass. 62. s. 369. 359. 8 co. 154. a litt. 508. but, by the court: the case is clearly with the plaintiff. let there be judgment accordingly.* footnotes [ footnote * ].....
Judgment:
DUFFIELD v. STILLE - 2 U.S. 156 (1792)
U.S. Supreme Court DUFFIELD v. STILLE, 2 U.S. 156 (1792)

2 U.S. 156 (Dall.)

Duffield
v.
Stille

Supreme Court of Pennsylvania

March Term, 1792

This was an action for mesne profits, after a recovery in ejectment. It appeared, that subsequent to that recovery, the plaintiff had conveyed the fee simple of the premises to the defendant, in the usual manner, by deed of bargain and sale, with a special warranty: And two questions were made for the opinion of the Court 1st. Whether, after the conveyance in fee simple, the plaintiff could maintain this action? 2nd. Whether the deed was not, in law, a release of the mesne profits?

For the defendant were cited, Freem. 365. Bro. Ass. 62. S. 369. 359. 8 Co. 154. a Litt. 508. But, By the Court: The case is clearly with the plaintiff.

Let there be Judgment accordingly.* Footnotes

[ Footnote * ] Bradford, Justice: Having been counsel for the plaintiff, I give no opinion in the decision of the cause.[ Duffield v. Stille

Footnote 2 U.S. 156 (1792) ]




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