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NEALE v. HAGTHROP. 591
mortgagee has been long in possession claiming adversely, and
suffered to treat the estate as his own, and the mortgagor
by and permits lasting improvements to be made, he shall pay for
them, (q)
But the estimate of the value of such lasting improvements is to
be taken as they are at the time of accounting or passing the final
decree. For, such allowances are made upon the ground, that
the improvements do, in fact, pass into the hands of the plaintiff
as a new acquisition. And they can only be a new acquisition to
him to the extent of their value at the time he recovers or obtains
possession of them; and therefore their value at that time is to be
allowed, and nothing more, (r) It is also necessary to observe,
that in charging rents and profits, the estimate must not include
any profits which arise exclusively from such improvements; for,
if they were to be embraced by the estimate, the occupier would,
in fact, be paying for the profits of that which was his own.
Therefore the estimate of rents and profits must be made in ex-
clusion of such as appears to have arisen from the occupying
claimant's own expenditure in improvements, (s)
The late John Hook disposed of the lot on Alice-Anna street,
and his representatives Hagthrop and wife, having disposed of the
other property in a manner in which they had no right to do, and
the bill standing unanswered and for true as to the negroes and
moveable property; Hagthrop and wife must be charged with the
value of the whole of that property and interest thereon from the
date of the deed from the late Anthony Hook to the late John
Hook; and the account for the rents and profits of the chattels
real, will commence from the same date. Hagthrop and wife
must be charged with the rents and profits of all the chattels real,
mentioned in the bill, up to the time when they, or any part of
either passed into the hands of any of the present defendants.
But Hagthrop and wife will be held liable for the whole charged
against the other defendants, or to the amount which all, or any of
them may fail, or be unable to pay to the plaintiff. And these
defendants must be credited with the aggregate of the debt which
was due from Anthony Hook to John Moale, at the time of the
(3) Davis v. Simpson, 5 H. & J. 147; Hepburn v. Sewell, 5 H. & J. 211; Howell
v. Baker, 4 John. C. C. 122; Rawlings, Stewart, 1 Bland, 22, n.; Strikes case,
1 Bland, 57; Rawlings r. Carroll, 1 Bland, 76, n.; Swan v. Swan, 3 Exch. Rep.
443. —(r) The Kierlighett, 3 Rob. Ad. Rep. 101. —(s) Moore v. Cable, 1 John. C.
C. 385.
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