The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-28

not to recover for what was not necessary 70 be
done. or which the. owner might rot have
wished lsd, to be dome. Gibson vs.. Hutciines' 10
But FL p9ssessors, even those in bad faith.
lays1E5these outlays. without which the. thing
a Med.N -''' '''iSnea OF materially de'ef'of-
/" The true owner If his possession had notb been
and drawbacks" Rhodes vs. Hooper Annual,
What constitutes !, necessary OUTLAWS. in these
cases is to a great deg 90 b question of fact.
Third-As 10 the improvements. which are in
capable of being separated from tue land. the
refer to IMPROVEMENTS which have bean efyactad
by cutting down trees, drainage, by filling in.
etc.
of removal. or. demolition. the complainant
must elect whether she will retain them; If she
elects to retain them. she has still q further
choice, and is to elect TO % charged either with
the value of the materials and price OF work
manship. or sum equal to the enhanced value
Article sos. @. G., has given this choice to the
owner as against the possessor In good faith.
and she certainly could not be held to b. In q
more unfsyo,able position as against possess
The rule established by the Supreme Court in
Babin, vs. Nolan. Rob. as7. with reference to
property by tho coumon | Dor Of the spouses
l. certainly equitable, and in the absence Of any
Fifth"Where the possess s'0I has occupied
himself, he is to bs charged with an annual
rent equal to the value of the USE. here In
sert q copy Of tn order inserted in these causes
on the twelfth of May. 1877, for The guidance IF
the masters, as fol ows:
United States Circuit Court. District OF Lou
isiana-Myra Clark Gaines vs.. P. I'll. Mousseaux
ct ais.
Order: The complainant shall file before the
master an account against the defendant In
which shall be 81 ated the r. Mt, revenue or value
for use which she claims as an annual charge.
and the number of years for which she claims:
statement IF the items Tor which he claims
credit, and upon the issues as thus presented.
the master shall proceed to hear the matter re-
ferred to him according to the rules and prac-
second-Let the defendant file his statement
with reference 20 any improvements which he
has put upon the land reoove ed. for which he
in case the comp ainant elects to take them, and
within forty eight hou,s tbereatter the conn
plainant shall elect, and 40 signify her election
to the master, as to whether she will take the
i'm provemsnts.
But the amount charged by the defendant for
the costs of The materials and workmanship
shall not be conclusive upon the complainant,
but may be inuu red into by the master
AS to the eosis of this inquiry with reference
to the i'm provements the Court will determine
by future order.
The several parties are directed to file their
accounts in the 8. veral causes forthwith.
Let interest be added ON the improvements
and on the annual rents or value for use.
:, EDWARD O. BILLINGS, Judge.
/ think the principles have here laid down
dispose of all the poin's uron which the mas
ters desired the rulings Of the court and the
whole, matter ts recommt cd TO them with IN
structions to tl"d according r. these principles.
true copy Of the original:
F. B.; V1NoT. Deputy Clerk.
Clerks Office, New Orleans. March 81. 1878.