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Judgment
2 paragraphs · 118 words
1.
The Plaintiff purchased the right to recover mesne profits from the Defendants in respect of lands from which it is said that the Defendants had illegally dispossessed his vendor. Both Courts have held that a right of this kind is not transferable and we think that they have rightly so held. We see no reason for limiting the words "harm illegally caused " in clause (e), sec. 6 of the Transfer of Property Act to personal harm or injury.
2.
In this case nothing more than a bare right to recover mesne profits which are of the nature of damages has passed and we think that is not a transferable right. The appeal is dismissed with costs.