Joseph Story

“ The report of the master is founded upon evidence in the court, prior to the first decree. It was not until after the affirmance of that decree by this court, that new light broke in upon Mr Grundy.
When a contract is rescinded, chancery puts the parties as nearly as may be in statu quo. If it returns to the one his money and interest, it gives to the other his land and rents. This has not been done here. Grundy possesses this land for five years, and now has a decree for his money and a large sum for interest, without the estate of James Boyce receiving any of the rents. ”

“ Though it be generally true, that when a cause comes up to this court a second time, the court will not look behind its mandate, yet the prior proceedings will be examined so far as it is necessary to an investigation of new points of controversy, between the parties, not disposed of by the first decree. The Santa Maria, 10 Wheaton 431, 6 Cond. Rep. 176.
The decree now appealed from subjects Boyce in his own right: yet the bill of Mr Grundy does not charge a devastavit. It was not framed with a view to charge Boyce personally. It does not pray a discovery and an account of assets. ”

“ And in cases where there is a real controversy, the damages are to be at the rate of six per cent per annum only. And in both cases the interest is to be computed as part of the damages. It is, therefore, solely for the decision of the supreme court, whether any damages, or interest (as a part thereof) , are to be allowed or not in cases of affirmance. If upon the affirmance no allowance of interest or damages is made, it is equivalent to a denial of any interest or damages; and the circuit court, in carrying into effect the decree of affirmance, cannot enlarge the amount thereby decreed ”