64 STRIKE'S CASE.—1 BLAND.
case, circumstanced like this, is brought before the Court, it is
spoken of as a case for further directions; and this phrase is used
in reference to all cases, where, after the final decree, as in this
instance, a further and eventual interposition of the Court becomes
necessary, to follow out and complete the equity, the substance of
which has been established by the final decree. These further
directions are spoken of in this decree, and in all similar decrees
of this Court, and of the English Court of Chancery; but in giving
them, the Court must act consistently with itself; and in
70 *this instance, where the decree speaks of "the Court's
directions," and of all equities being reserved, its phraseology
must be made compatible in all its parts. The reservation of all
equities must not be used to fritter away, and to abnegate the
substance of any matter, which had been, in a previous part of
the decree, carefully and solemnly decided. No directions, there-
fore, will or can now be given, which are incompatible with the
points settled by the decree. It is now brought before the Court
to be executed and completed, not in any manner to be revised or
impaired. The Santa Maria, 10 Wheat. 442.
The decree of May, 1822, is founded upon the existence of a debt
due to the plaintiffs; but it does not specify the exact amount, nor
does it sa.y any thing of the interest thereon. Interest in equity,
is held to be something more than a mere incident; it is the pro-
duction, the fruit of the money due. In this case these creditors
may now call for directions as to these particulars. An exact esti-
mate of their claim could not, with propriety, have been made
until after the sale of the property decreed to be liable for its pay-
ment; because, according to the course of the Court in such cases
as this, where the proceeds are insufficient to pay all, the interest
is to be calculated only up to the day of sale. This, then, is the
first point left open by this decree; but it is a matter which may
be reduced to a certainty by the calculation of the auditor, to be
made according to established principles, from the proofs in the
cause; any further special directions in this instance, therefore,
are deemed wholly unnecessary.
In this case, the bill expressly prays, that the defendants may
be ordered to account for the rents and profits of the property in
question. The decree has determined, that it was unlawfully de-
tained, by declaring the deeds, under which it was held, null and
void. It follows, therefore, as a consequence of this decision, that
an account of the rents and profits should now be ordered, and that
directions should be given, as to the time for which the account is
to be taken, and as to the manner of taking it. This is the second
point left open by this decree; and, as to which the Chancellor will
now give directions.
The decree totally annuls the deeds under which Strike claims,
without retaining them as a security for any thing. He can now,
|
![clear space](../../../images/clear.gif) |