Ejectment & Mesne Profits

Smith v. Dunn, [Ms. 2200106, June 25, 2021], ___ So. 3d ___ (Ala. Civ. App. 2021). The court (Edwards, J.; Thompson, P.J., and Moore, Hanson, and Fridy, JJ., concur) unanimously reverses a judgment of the Calhoun Circuit Court entered in an ejectment action because while the circuit court’s judgment was correct in concluding that plaintiff was no longer entitled to possession of real property by virtue of Defendant’s redemption of the property, the circuit court erred in not considering Plaintiff’s requests for mesne profits and damages as claimed in his complaint and permitted by Ala. Code § 6-6-280(b) (“The plaintiff may recover in [an ejectment] action mesne profits and damages for waste or any other injury to the lands, as the plaintiff’s interests in the lands entitle him to recover....). Following the holding in Prescott v. Milne, 308 So. 2d 906, 912 (Ala. Civ. App. 2019), the termination of an ejectment plaintiff’s right to possession by redemption of the property does not prevent the ejectment plaintiff from being awarded mesne profits or damages resulting from the wrongful possession of the property during the period the ejectment plaintiff had the right of possession. Ms. **6-9.

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