A trespasser may not set off improvements in an action brought for mesne profits except when the value of the premises has been increased by the repairs or improvements which have been made. In that case, the jury may take into consideration the improvements or repairs and may diminish the profits by that amount but not below the sum which the premises would have been worth without such improvements or repairs.
(Orig. Code 1863, § 3397; Code 1868, § 3416; Code 1873, § 3468; Code 1882, § 3468; Civil Code 1895, § 5087; Civil Code 1910, § 5671; Code 1933, § 33-106.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Ejectment, § 57.
14 Am. Jur. Pleading and Practice Forms, Improvements, § 2.