Camp v. Homesley
Cases that cite this one
2 later published cases cite this decision.
- Lovett v. Stone (N.C. 1954)
- Swain v. . Phelps (N.C. 1899)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The directions were right on both points. As the action for mesne profits is substantially a continuation of the ejectment, for the purpose of recovering the actual damages, which were formerly nominally assessed, it follows, that whenever a person is allowed to maintain ejectment, he may have trespass against the same party, by way of completing his remedy. Hence, it is settled, that, after a recovery in ejectment and entry, a tenant in common may sue his companion, who ousted him, for the mesne profits. Catting v. Darby, 2 Wm. Bl. 1077, Goodtitle v. Tombs, 3 Wil. 118, Holdfast v. Shepard, 9 Ire. 222. Then, as to the other point, although it be true, that tenants in common may, in general, sue separately for trespasses on real estate, yet it is established, that they may also join in such action, in respect to the injury being to their joint possession. Chamier v. Clingo, 5 M. & S., and Chamier v. Slingow, 2 Chitt. Rep. 410, are direct decisions to that point; and there seems to be no reason, why the case of two or more tenants in common, thus suing their fellow, after recovering in ejectment, should not fall under the common rule.
Per Curiam. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.