Ejectment. Set-off of defendant's improvements.

At common law, betterments could be set off against a claim for the mesne profits. 5 Coke Rep. 30; 8 Wheat. 1. Section does not impair obligation of contracts, nor deprive a person of property without due course of law, nor of his right of trial by jury. 48 C. 577; 74 C. 502. One who takes title without examining land records cannot claim betterments against prior mortgagee. Id., 411; 114 C. 93. As to application to estate upon condition. 76 C. 592. Plaintiff cannot compel defendant to take and pay for title to land. 78 C. 202. Right to betterments cannot be reached by execution against land. 83 C. 346. Statute does not apply where there is no mistake as to ownership and money expended is that of true owner. 91 C. 13. Recovery for taxes, insurance premiums, interest paid on mortgage and rent. 120 C. 528. There could be no claim to recover for occupation after commencement of action. 130 C. 491. Where, on appeal, judgment for defendants based on finding of title in them by adverse possession was reversed, case was remanded to determine damages of plaintiffs and set-off of defendants under statute. 156 C. 510. Trial court misinterpreted statute to limit award to value of the property and to preclude an award of use and occupancy when statute directs court to determine what equitable sum is due to plaintiff. 51 CA 186. Defendant not entitled to compensation for alleged improvements and betterments made by her, where it was not shown that they were made in good faith. 12 CS 38.