Melville Fuller

“ In these proceedings in the circuit court there was error, and its decree must be reversed. It is true that in Goode v. Gaines we said that defendants 'should be charged with rental value from the date of the filing of the bills to the rendition of the decrees with interest,' but we did not intend to be understood as holding that the rental value after that date had not been satisfactorily determined, and had in mind in that regard only the exclusion from the decree of November 10, 1887, of the amount found due plaintiffs for rent prior to that date, together with interest thereon. ”

“ The reversal of that decree amounted to nothing more than a vacating of the accounting so as to permit of a modification thereof in particulars pointed out with sufficient precision in the opinion, and it might well be held that the circuit court had no power, under our mandate, to again go into the questions of rental rate and value of improvements, for they had been determined, and an accounting was only required to bring the amounts, including subsequent taxes, if any, paid by defendant, and interest, down to date. ”

“ A decree was rendered on March 2, 1887, transferring title from defendant, Granger, to plaintiffs, and directing defendant to make a deed accordingly; and the case was referred to a special master to ascertain and report the value of the rents of the lot since the award made by the commissioners appointed under the act of congress of March 3, 1877 (19 Stat. 377, c. 108) ; the amount of taxes paid by defendant on the lot since that award; and the value of the improvements made upon the lot before the award, and afterwards. This decree placed the then value of the lot at $5,500. ”