STRIKE'S CASE. 71

from those deeds, and compatibly with the matters decided by the
decree, he can show any equitable claim to an allowance 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 cre-
ditors 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
recover 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 righful 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.(e)

According to the common law of England, the real owner may
recover the rente and profits from the tenant, whether they remain

(c) Kames* Prin. Eq. b. 3, c. 1; Just. Inst. 1. 2, tit. If s. 35,