New Orleans v. Gaines's Administrator

Citations

• 138 U.S. 595
• 11 S. Ct. 428
• 34 L. Ed. 1102
• 1891 U.S. LEXIS 2351

Syllabus

<p>This suit was commenced in August, 1879, and was brought against the city of New Orleans to recover the rents, fruits, revenues and profits of 135 arpents of land, situated in the city, from the year 1837 to the time of the accounting sought. This land had been purchased by the city from one Evariste Blanc in 1834, and afterwards disposed of to various , parties, except four or five blocks reserved for city purposes, which were not in question. The city was sought to be charged with all the rents, fruits and revenues of the land, whether in its own possession dr in the possession of its grantees. In two previous suits brought by Mrs. Gaines against-the parties in possession, one against P. H. Monsseaux and others,and the other against P. P. Agnelly and others, (said suits being in the nature of ejectméuts,) decrees were obtained for the.1 recovery of the lands held by the defendants respectively, and references were made to a master to ascertain the amounts of rents and revenues due. The total of these -rents and revenues found and reported by -the master in the two suits was $517,049.34, which, with interest, calculated up to January 10, 1881, amounted to the sum of $576,707.92. The bill further sought recovery for other and larger amounts; but it was decided ■ that the recovery must be limited to the claims so reported on by the Master, and the decree was reversed and the cause remanded for further proceedings in conformity with the opinion of the court. A decree was accordingly made and entered in the Circuit Court, by which it was referred to a master to take testimony and report as to whether the defendant (the city of New Orleans) was entitled to any, and if so, how much, reduction in the said decree of $5*76,707.92, by reason of any compromises, and settlements of the judgments for rents in the said Agnelly and Monsseaux cases, made and entered into by the complainant and any of said defendants in said judgments for any less sums than the face thereof. The