78 STRIKE'S CASE.

to the freehold, he does thereby immediately vest it in the
holder, so entirely, that it would be waste, in the tenant, afterwards
to remove it ;(f) and so it has been held, in the English court of
admiralty, that if a person buys a ship, the title to which is noto-
riously invalid, it must be at his own peril that he proceeds to lay
out money in repairing and improving her, as no allowance for
ameliorations will be made in such case,(r)

In the argument of Coulter's case,(s) among other things, it is
said, " in divers cases, one who is in of his own wrong, shall
recoupe and retain, &c. He who hath a rent of £10 issuing out of
certain lands, disseises the tenant of the land, in an assise brought
by die disseisee, the disseisor shall recoupe the rent in the damages ;
so that where the mesne profits of the land, in such case, were of the
value of £13, the disseisee shall recover but £3. The disseisor
shall recoupe all in damages which he hath expended in amending
the houses." And as an authority in support of the last position,
a ease is cited as far back as the year 1340. This argument is
adduced in a case.in which the only question was, whether an
executor de son tort could retain. The court in their opinion held that
he clearly could not, assigning the most satisfactory reasons; and
they then go on to say, that "as to the case of recouper in damages
in the case of rent-service, charge, or seek, it was resolved, that
the reason of recouper in such case is, because otherwise when the
disseisee re-enters, the arrearages of the rent-service, charge, or
seek, would be revived; and therefore to avoid circuity of action,
laid circuitus est evitandus et bonijudids est lites dirimere, ne lis ex
lite oriatuur, the arrearages during the disseisin shall be recouped
in damages; but if the disseisor ought to h'ave common on the
land, the value of the common shall not be recouped, for by the
regress of the disseisee, he should not have any arrearages or re-
compense for them,"(t) The court take no notice of the position
advanced in the argument, that " the disseisor shall recoupe all in
damages which he htth expended in amending of the houses," and
assign a reason for allowing the recouper in the other instances
put, that is utterly incompatible with allowing a disseisor or mala
fide possessor, to recoupe what he had expended in mending the
houses, and therefore the position cannot be admitted to be sound
law, to the full extent for which it was advanced, if at all.

(7) Am. & Fer. Law Fix. 14,241.—(r) Just. lust b. 2, tit 1, 8. 30; Nostra de
Conceicas, 5 Bob. 294.—(*) 5 Co. 30-(t) Green ». Biddte, 8 Wheat 81