GAINES v. CITY OF NEW ORLEANS. 17
10. SA)IE—B.5D FAITH.` V
Where a party had, in bad faith, entered upon the property of another and
for an enormous price ($500,000) sold and conveyed it with warranty, and to
avoid his liability as vendor and warrantor, if. c., to escape being compelled to
return to his vendee the price, and repay the fruits which the evicted vendce
would be required to pay to the owner, in bad faith, hinders the restitution of
the land and its fruits to the owner, and keeps the owner from recovering pos-
session for a period of 50 years, the owner can recover for the rents and profits
from the party hindering as a constructive posscssor.
11. Rmvrs AND Picosrrs.
ln ascertaining the rents and prohts of real estate, whcre_the disseizin and
possession have been in bad faith, the account must include not only the rents,
revenues, and values for use actually received, but also those which the evi-
dence shows would have been received with ordinary good management.
Since the law requires the court in such a case to decide from evidence ex-
trinsic to the actual receipts, satisfactory evidence may be found in the rents
for the very period in question actually derived from numerous other lots, ad-
jacent, similarly situated, and no better capacitated, and from ground rents
during and for the same period.
Ponte/iar.'rai1i. R. R. v. Carrollton R. R`. 11 La. Ann. 258, 259,
Jilctiary v. City of Lafayette, 12 Rob. (La.) 668 ; 4 La. Ann. 440.
12. Sams.
5 The burden which bad faith places upon the defendant, according to the
civil law and the jurisprudence of Louisiana, wnile it should lead to the assess-
ment of no damages or compensation beyond those actually suffered, requires
the court to adopt conclusions fully warranted by evidence, though, through
the fault of the defendant, it be derived in part from the rents and profits of
other property adjacent and similarly situated, and no better capacitated.
13. SAME.
An account tor rents and profits ekiuld be taken and s‘ated as follows: The
rent or income should be ascertained for each year separately, and upon the
amount so ascertained for each year interest should he computed down to the
time when the accounteloses, so that there may be interest upon each yearly
sum failing due, but no interest upon interest.
V _ Gaines v. New Orleans, 15 Wall. 634, _
Wm. Reed Mills and AU`recl Geldthwaitc, for complainant.
J. R. Beckwith and E. H. Farrar, for defendant.
Btnnmos, J. This cause is before me on a submission for a final
decree upon bill, answer, replication, exhibits, and depositions, and
upon exceptions to the report of the master. There can be no doubt
but that this cause is one over which a court of equity must take ju-
risdiction. It is an incident, and, in its nature, a supplemental
proceeding, to a. litigation as tothe heirship and title of the com-
plainant to certain real property, which has been conducted in this
court between the parties hereto for upwards of 40 years, and al-
ways upon the equity side of the court. It is a suit for a. discovery
as to the means which have been employed by the defendant through-
_ out this long period to prevent and hinder the complainant from re-
covering possession of this real property. See Comyn, Dig. “Cl1an-
Gery 3 B 1," where it is laid down that a bill for discovery lies even
when the action to be supported sounds in tort. It is a suit for an
accounting as to rents and profits of this real property for the period
of 45 years, which must be taken according to the laws of Louisiana,
and in which, therefore, the defendant must be charged with the
v.1T,no.1—2