36 _— moans:. xmronrmn.
selected tor convenience. The master’s account shows that the total
amount of judgments rendered against the warranties of the defend-
ant in the Agnelly and Monsseaux suits is 576,70772. This amount,
though less than the evidence shows is requisite to indemnify the
complainant, cannot be disturbed. It is, to the extent of the periods
covered thereby, binding alike upon the complainant and the defend-
ant. A study of his report, and the records of the causes introduced
in evidence, shows that, when the complainant recovered the land,
she recovered rents for only a portion of the period of her disposses-
sion, often a small one, as the tenants had been in occupation only
varying fractions of·time since 1837. The proof shows that the ear-
lier intermediate grantees who occupied it are either insolvent,
dead, without representatives, or, after search, cannot be found. The
balance of the amount, viz., $1,045,3%.78, which is the aggregate of
the rents and profits which would, with lcrdinary good management,
have been received from the unimproved lots,—i. e., for those peri-
ods not covered by the possessory jiidgments,—is derived from a de-
tailed statement of the rents from each lot, the yearly rental being
5 per cent. upon 70 per cent. of the price of adjudication in 1837.
This rate, according to the conclusion of the court, as stated above,
is short of what the evidence shows is the true measure of the rent
by 30 per cent.;‘i. e., that the yearly rent, as established by the evi-
dence, is 5 per cent. upon 100 per cent. of the full price of adjudica-
tion and sale. The correction required is made by adding 30 per
cent. of this sum, where, as has been said, the computation has been
made upon a basis of 70 per cent. The amount to be recovered,
therefore, would be as follows:
For improved and unimproved land already in judgments, $ 576,707 92
For balance of rents, uniinproved land, _ _ 1,348,959 91
Total, .--. - - - $1,925,667 83
For which last amount, and the costs which nave been taxed in the
Agnelly and Monsseaux suits, with interest upon that portion which
arises from the yearly sums for rent from January 10, 1881, the
complainant must have a decree.
Uxirun Sryrns v. Bnssm: and others}
(Uircuit Court, E. D. Arkansas. June, 1883.)
1. Equr·rv—LAPsn or- Tim; AS A Dsrsivsm.
It is a general principle of equity that lapse of time may constitute a suffi-
cient defense, even in the absence of any statute of limitations, and without
necessary reference to any question of lachcs.
1 From the Colorado Law Reporter.