STRIKE'S CASE.—1 BLAND. 65

therefore, claim nothing whatever under them as against the com-
plainants. But if. under all the circumstances of this case, apart

* from those deeds, and compatibly with the matters decided
by the decree, he can show any equitable claim to an allow- 71
ance for improvements he put upon the property in question, while
it remained in his possession or under his control, the Court may
now give directions concerning such an allowance. This is the
third point left open by the decree, and upon which the Chancellor
will now decide.

This is one of those cases, in which one creditor is allowed to file
a bill for the purpose of subjecting the property of his debtor to
the payment of his own claim; and of all others, who may obtain
permission to come in and participate in the burthens and the
benefits. The other creditors are allowed to come in at any time,
either before or after the decree; and it is most usual and proper,
that the decree itself should command the trustee to give notice,
at the time of advertising the property for sale, to all creditors to
bring in their claims with the vouchers. This is the fourth point
which has been left open in this, as in all other decrees of the kind.
The further directions as to claims which may be thus brought in,
comprehends every thing concerning them. As to all matters of
this nature, so far as may be deemed necessary in this case, the
Chancellor will now give directions.

It is said to be an established rule of the Roman law, and that
of almost all modern nations, that the true proprietor shall not re-
cover from the bona fide possessor, any rents and profits which
have been consumed by him. But whatever fruits and profits,
whether natural or industrial, such as trees standing or felled;
grain growing and the like, which remain upon the land at the
time the true proprietor established his right, belong to him, and
may be recovered from such possessor, as well as the land itself.
Yet, as it would seem, if it can be ascertained, that the bona fide
possessor was not merely maintained by the rents and profits; but
was actually enriched by them, as by applying them to the pay-
ment of his debts, he will be held accountable to that amount to
the rightful proprietor. But this general exemption is not granted
to him, who, knowingly, keeps possession of another's estate, and
therefore he is compellable to account for all the mesne profits he
has derived from the land prior to its being recovered from him.
Kames' Prin. Eq. b. 3, c. 1; Just. Inst. 1. 2, tit. 1, s. 35.

According to the common law of England, the real owner may
recover the rents and profits from the ten ant, whether they remain

* upon the land or have been consumed by him or not; nor
does the occupying tenant's knowing any thing of his ad- 72
versary's title make any difference, as to the nature and extent of
his liability for rents and profits. At common law, no damages
were recovered in any real action; because, as it was said, until
5 1B.