STRIKE'S CASE.—1 BLAND. 51

reserved by the Court for hearing, on the trustee's report, on bringing
into Court the money or securities arising on the sale," cannot be so
construed as to abnegate any matter which had been thus decided, (b)

But, it was held to be proper matter of further direction, under such a de-
cree, in the first place, that the legal interest on the plaintiff's debt was
to be computed and allowed; secondly, that an account was to be taken
of the rents and profits of the property sold; thirdly, that the claim for
meliorations and improvements was to be considered and determined;
and lastly, where other creditors were permitted to come in, that their
respective claims were to be adjusted, allowed, or rejected.

To what extent mesne profits may be recovered at common law and in equity.

Where a party proceeds in equity, the account of the rents and profits will
be taken only from the time of filing the bill, if there has been a mere
adverse posseesion without fraud or concealment.

But where the bill is brought upon an equitable title, and there is a trust,
or in the case of an infant, or where there has been any fraud, or in
cases of dower, an account of the rents and profits will be ordered from
the time the title accrued, (c)

If the occupant has held rightfully he will be chargeable with no more than
he has actually received.

But where the occupant is a wrongful holder, or has obtained possession
fraudulently, he will be charged with the full value, that is, with such,
an amount of rents and profits as a skillful and diligent tenant might
have made, (d)

A bonafide holder, without notice of any defect in his title, will be allowed
for improvements; but a fraudulent holder, or a mala fide meddler, can.
have no such allowance made to him. (e)

The allowance for improvements, where it can be made, may be set off
against the claim for rents and profits; but such set-off cannot be availed
of by a mala fide possessor, nor will he receive au allowance for the pay-
ment of taxes and assessments. (/)

It is not necessary that the bill should expressly state that the suit has been
instituted as well for the benefit of other creditors as of the plaintiff, to
have it considered as a creditors" suit. It ie enough that the case is, in
its nature, a creditors' suit, (g)

In some cases a creditor has been allowed to bring in his claim by petition,
in order that its nature might be more particularly set forth; or that he

(b) Affirmed in Strike v. McDonald, 2 H. & G. 191, 261. Cited in Rhodes
v. Amsinck, 38 Md. 352. See Griffith v. Reigart, 6 Gill, 445.

(c) Approved in Strike v. McDonald, 2 H. & G. 361; McLaughlin v. Barnum,
31 Md. 453.

(d) Of. Booth v. Steam Packet Co. 63 Md. 49.

(e) Affirmed in Strike v. McDonald, 2 H. & G. 361. See Jones v, Jones, 4
Gill, 87, note on compensation for improvements.

(f) Cited in Tongue v. Nutwell, 31 Md. 318. But, in an action for mesne
profits, where the plea of the Statute of Limitations is interposed, which
prevents the recovery by the plaintiff of rents and profits beyond the time
of limitation, it is just that the defendant should be compelled to apply in
reduction of his claim for improvements, any profits which the plaintiff may
prove to have been received by him at any time during his occupation. Ibid,
317. Cf. Booth v. Packet Co. 63 Md. 39; Ridgely v. Bond, 18 Md. 435.

(g) See Hammond v. Hammond, 2 Bland, 306; Ridgely v. Bond, 18 Md. 450.