Q GAINES v.‘ our or New onnmns. ?35
which had beenproduced. See, also, McGary v. Citybf Lafayette,
supra,' where the court, ni the assessment of compensation, lay
great weight _upon ·ve.a:atious and incidental wrongs which have been
established. * · ’ i - * · “ »
In short, the burden which bad faith places on the defendant, ac-
cording to the civil law and the jurisprudence of Louisiana, while it
should lead to the assessment of no damages or compensation beyond
y those actually suffered, requires the court to adopt conclusions fully  
warranted by evidence, though through the fault of the defendant it
must be derived from facts outside of the receipt of actual rents; for,
since thelaw requires the court,in such a case, to go further and decide
y from evidence extrinsic to actual receipts, it must be admitted that a
safe guide may be obtained, and in this case has been furnished, from
the rents and profits, forthe very period in question, shown to have
been actually derived from sofmany other lots, adjacent, similarly
situated, and no better eapacitated, from numerous ground rents, and
from the opinion of such a multitude of purchasers.
` This is a peculiar case. It calls a defendant to a reckoning for 50
years of flagrant and alreadyadjudged wrong} The complainant
] has already recovered possession. The restitutionto which the com-
plainant was and is entitled· is founded upon decrees between the
parties which establish it conclusively. The hindrance on the part
of the defendant and the amount of compensation due are fully
proven. The bad faith of the defendant has been previously deter-
mined, and is a thing adjudged. The court must not be deterred,
T by the magnitude of the amount involved, from the application of
_ settled principles of law, and the deduction of conclusions which fol-
T `low from established facts. The conclusion which must be deduced,
after giving all the evidence in this cause its full weight. is that the
A productive value of the Blanc tract was, in the year 1837, fixed at
the public sale, and has not been maintained, but has receded, and
has been kept from advancing only by the insecurity as to the title
created by the pretensions of the defendant, asserted in bad faith at
the outset, and continuously, and persisted in years and years after `
they had been rejected and even rebuked by the highest tribunal un-
der our government; and that the actual yearly value, which could
and would have been derived from the lots constituting the same by
the complainant, had she been allowed to occupy them without un-
just molestation from the defendant, is established to have been at
least 5 per cent. upon the price which they brought when sold by the
_ defendant at public auction in 1837.
The master’s account is stated in the precise manner determined
;_ to be correct in the case of Gaines v. City of New Orleans, 15 Wall.
·63~}; i. e., he has stated the account with reference to each lot sep-
, 'afitliely, and has ascertained the rent O1 income which should have
e been derived each year, and has computed interest at 5 per cent.
Upon the same down to January 10, 1881, which point of time he