16 FEDERAL REPORTEIQ
Giumzs v. CITY or Nnw ORLEANS}
(Circuit Court, E. D. Louisiana. May 3, 1883.) ,
1. EQUITY J Unrsmcrrou. _
A bill for a discovery lies, even when the action to be supported sounds in
tort.
2. S.\1[E—ACCOUNTING—RENTS AND P1<oF1·rs OF REAL Bsrnrm.
In a suit for an accounting as to the rents and proiits of real property for a.
period of 45 years, which must Le taken according to the laws ofhoutsiana,
and wherein the defendant must be charged with the rents and prorits wh.ch
have be.n, or ought to have been, annually receivcd, and crcd.ted with the
yearly expenditures for reclamations, improvements, and taxes; and when
such an account has reference to hundreds of lots of ,ground,—it is of a. most
complex and involved character, which could not be dealt with upon a trial at
law at msi prius, and the complexity of the account is, thereto1e, a. ground of
equity jurisprudence. ’
3. SAM}:. , _
ln a case where the complainant has recovered judgment against several
hundred actual tenants for rents and profits for varying portions of a long pe-
riod, and those tenants are insolvent, and the defendant is the warrantor of all
those tenants, and whatever they owe the complainant the defendant owes to
them; and when the defendant is not only a warrantor, but 11 warrantor in
bad faith, who has enriched herself by purchasing in bad fa th the complain-
ant’s property and selling it at a large [)l'0[`l[,-—[l18 complainant, having no re.u-
edy at law upon this warranty for want of privity, has a right of action in
equity.
Riddle v. Jlfandeville, 5 Crunch, 322.
4. Sum.
Equity will not allow a party, ultimately liable, to keep, for his own advan-
tage, an intermediate and insolvent party in possession, who is, in return, re—
sponsible to the lawful owner, and thereby enrich himself out of the property
of that owner thus dtspossesscd, and escape liability to him for want of a. mode
of action.
6. Ruurs AND Puorrrs.
According to all the authorities, both under the common law and the law of
Louisiana, a suit for rents and profits could not have been brought until the
complainant had recovered possession.
Gaines v. New Orécdlts, 15 Wall. UJJ.
6. E,utc·runx·r—TnUs r.
In an ejectment bill against a Party holding by an adverse title, there could
he no trust raised up as to the price received by lnm in case of safe.
7. Popsnsson tx BAD Fxrrn. `
"` The possessor in bad faith is bound to surrender the thing immesliatc'y; and
_ _ the seller and warrantor, who toot; and conveyed in had l`a.th, is bound forth-
with to restore the pri, e to his vendee, and to acquit, i. e., discharge, i'or him
his liabil.ty to the owner for fruits, w.thout suit or condemnation.
S. SAME.
He who, with a motive to deprive another of that. which he knows is justly
that otl1er’s, employs the process and machinery ot' tl e courts, is under obliga-
tion to satisfy all damages wuch that other thereby sulfers. The damages
springing from the .egitunate cxcrc.se of legal rights, even when there tsuan
absence of malite, and there is good faith, must. according to the settled law
of Louisiana, at least place the injured party in the situation in whieh he wou.d
have been if the disturbance had not taken place,
9. \\’.utn.axrY AND \V,tnn.mror:.
The warrawtor is, by the settled jurisprudence of Louisiana, the real defend-
ant. The judgment is binding upon the warrantor it he has been called in
warranty, or he is appriscd of suit having been brought.
*H'*P¤l°d by Joseph P. Hornor, Esq . of the New Orleans bar.