Page:United States Reports, Volume 2.djvu/184

 r78 Casas ruled and adjudged in the I792. cealment, or mifreprefentution; nor afieéted by any queltioa -vvv of infancy. For thefe general politions the following authori- ties were cited :-3 Leon. 24. Owen 83. 2 FW}:. 115. 208. 213. 217. 645. 744. 3 Atl. 124. r 3o. 2 Cbau. Rep. 26. 32. agg. 2 Ca. in Clam. 71. 134. r Cha. Ca. 126. r Vern. 296. Pre.-, Cb. 517: r Vez. rjrr. 2 Atl. 336. 4 Wu. dbr. lit. “ Chancery? 388. 389. pl. 5. X8 Vin. ddr. 563. 2 Vern. 696. 3 BI. Cem. ` ao;. In oppolition to the motion, it was urged, that an aétion of indebitatu: qiunyfr will lie for the true owners againll: one, who pretends a title to lands, and receives the rents : An aétion of account will certainly lie, and this may with equal propriety be brought. It will lie for the profits received prior to the demifc laidinthe ejeétment; and whoever receives rents by wrong, {hall be conllrued aTruil:ee, or Bailiii} for him who has the right. Belides, the plaintiffs may coulider the Teilator as a dif- feifor, or not, at their eleélion; and, waviugatge tort, may proceed on the implied contraft. Mr. Ducbe certainly no right in law or equity to receive the money, aud, therefore, is not entitled, ex egua et bona, to retain it. But even if an ac- tion at law could not be maintained in England, yet the money might, unquellionably, he recovered therein aCourt of Equi- ty ; while in Pemyjlvania, if it could not be recovered in this aftion, there would he a right without remedy, fince no other remedy can he here purfued. For thefe politions the following authorities were cited: 1 Salk. 28. 1 YZ Rep. 378. Cawp; 37t. 2 Wilt. 644. Prac. in Cban, 517. I Bac. Abr. 18. Vin. Air. ir?. “ Aj`umpft." p. 270. '1`he Cbigf jig/lice, after recapitulating the faéls and argu- ments, proceeded to deliver the following opinion. M•Kmm, Cbigf _7r¢h·e:··—This does not appear to me to be a hard or dillicult cafe. If a-man receives my rent, it is at my · eleéliion to charge him with a diffeilin, by bringing an allize or other aélion, or to have an account. Cro. Car 3o3. pl. 6. Litt. Sec. 5*88. But if trefpafs is brought, and the diffeifor dies, it cannot be renewed againlt his executors, at law ; though it may, notwithltsmding that aéiia perpnalir morimr emu pevpna, be reco- vered in equity. It does not fecm neceliary to determine, whe- ther fuch an aélion as the prefent, could be maintained in Eu- glaud ; the quefliorr here is, whether the plaintiffs are en- titled in equity to an account of the rents and. profits of Mrs. Haldauelr ellate -; and, if fo, from what time? Nothing can be clearer than, that the plaintiffs had a right to the real eilate of Mrs. Hgfer Duebe, at her death in _7une, r 779, and to all the rents and profits to be derived from it from that time. It is certain, that they had this right in law, equi- ty and eonfcieuce, and yet if they are prevented from recogielring . ma

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