MESNE PROFITS, torts, remedies. The value of the premises, recovered in
ejectment, during the time that the lessor of the plaintiff has been
illegally kept out of the possession of his estate by the defendant; such
are properly recovered by an action of trespass, quare clausum fregit, after
a recovery in ejectment. 11 Serg. & Rawle, 55; Bac. Ab. Ejectment, H; 3 Bl.
2. As a general rule, the plaintiff is entitled to recover for such time as be can prove the defendant to have been in possession, provided he does not go back beyond six years, for in that case, the defendant may plead the statute of limitations. 3 Yeates' R, 13; B. N. P. 88.
3. The value of improvements made by the defendant, may be set off against a claim for mesne profits, but profits before the demise laid, should be first deducted from the value of the improvement's. 2 W. C. C. R. 165. Vide, generally, Bac. Ab. Ejectment, H; Woodf. L. & T. ch. 14, s. 3; 2 Sell. Pr. 140; Fonb. Eq. Index, h.t.; Com. L & T. Index, h.t.; 2 Phil. Ev. 208; Adams on Ej. ch. 13; Dane's Ab. Index, h.t.; Pow. Mortg. Index, h.t.; Bouv. Inst. Index, h.t.