Benson v. Matsdorf

(stopping Tallmadge.) It is well settled,that the right to mesne profits is a uecessary consequence-' *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