Recovery of mesne profits

(a) By adding a count in his petition and submitting the evidence to the jury, the plaintiff in ejectment may recover by way of damages all such sums of money to which he may be entitled by way of mesne profits, together with the premises in dispute. (b) No plaintiff in ejectment shall have and maintain a separate action in his behalf for the recovery of mesne profits which may have accrued to him from the premises in dispute. History. Laws 1839, Cobb’s 1851 Digest, p. 489; Code 1863, §§ 3269, 3270; Code 1868, §§ 3280, 3281; Code 1873, §§ 3356, 3357; Code 1882, §§ 3356, 3357; Civil Code 1895, §§ 4997, 4998; Civil Code 1910, §§ 5575, 5576; Code 1933, §§ 33-104, 33105.