James Moore Wayne

“ It is, 'that it appears from the master's report, that the stores were rented from November to November, and he erred in assuming the 1st April as the period of payment of annual rent.' It was said in argument, that computing the payment of annual rent in extinguishment of the defendant's debt, on the 1st April, is in effect to deprive him of interest for a part of the year, as the aggregate of the rent was not in fact received; that it is to allow interest upon rents and profits, contrary to the mandate, and established decisions. ”

“ What has been said of the fourth and seventh exceptions applies to the fifth, which is, that a reasonable allowance should have been made to the defendant for the costs and risk of collecting the rents. If under the mandate, any such allowance could be made, the claim for it should have been presented to the master supported by evidence of what was the customary compensation for such services, if the service is not compensated by a law of Louisiana. A mere claim for a reasonable allowance cannot give a right to any, and of course is no valid exception to the report. ”

“ This Court has said upon more than one occasion, after mature deliberation upon able arguments of distinguished counsel against it, that the Courts of the United States in Louisiana possess equity powers under the Constitution and laws of the United States: that if there are any laws in Louisiana directing the mode of procedure in equity causes, they are adopted by the act of the 26th May, 1824, and will govern the practice in the Courts of the United States. ”

“ This then being the rule, if the fact is probable in this case that the income of the property received at any time in the course of the year did pay interest and a part of principal, the defendant cannot complain; he being the receiver of the money, and refusing to give any account of the aggregate, or its parts when received, if the master has taken a date for the computation of the aggregate rent as payment which places the parties upon an equality. ”

“ They are too general; indicate nothing but dissatisfaction with the entire report; and furnish no specific grounds, as they should have done, wherein the defendant has suffered any wrong, or as to which of his rights have been disregarded. Strictly, in chancery practice, though it is different in some of our states, no exceptions to a master's report can be made, which were not taken before the master: the object being to save time, and to give him an opportunity to correct his errors or reconsider his opinion. ”

“ We might crowd this opinion with decisions to the same point, from the English and American chancery reporters. But further the objection cannot prevail, for it does not show that the process of the Court could reach Cora Barton. In Mallow vs. Hinde, 12 Wheaton, 193, it was ruled, that wherever the case may be completely decided as between the litigant parties, an interest existing in some other person whom the process of the Court cannot reach, as if such person be a resident of another state, will not prevent a decree upon the merits. ”

“ This is not like the case of a decree directing annual rents, with the view of compounding interest. The question now under consideration has been ruled as it is now decided, in Bennington vs. Harwood, 1 Turner and Russell, Ch. Rep. 477, a case upon a master's report of an account, under a decree that the master should set an annual value by way of rent upon the premises, the mortgagee being in possession; the master of the rolls decided, that a mortgagee can never receive more than his principal and interest ”

“ All the meetings were attended by the parties; the complainant being represented by counsel, and the defendant having been personally present, aided by counsel. After these proceedings were had, the defendant's counsel, in November following, obtained an order from the Court upon the complainant, to show cause why the 'suit should not be stricken from the docket, the bill of the complainant dismissed, or the suit abated;' which rule was returnable on the 1st December. ”