When, after a recovery in ejectment, an action is brought for mesne profits, if such action is commenced within 6 months after the ejectment, or, if there is an appeal or a writ of error, within 6 months after the affirmance of the judgment, or other determination of the proceeding in error, the action shall, so far as to avoid the intermediate operation of § 8106 of this title, be deemed a continuation of the proceeding in ejectment. The plaintiff shall not be debarred from recovering mesne profits for 3 years next preceding the commencement of the ejectment.
Code 1852, § 2745; Code 1915, § 4674; Code 1935, § 5132; 10 Del. C. 1953, § 8109.;
Terms Used In Delaware Code Title 10 Sec. 8110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.