Taylor's Heirs v. Whiting's Heirs

The Chief Justice

delivered the Opinion of the Court.

This case has grown out of the case of Whiting’s Heirs vs. Taylor’s Heirs, decided by this Court, at its spring term, 1839, and reported in 8th Dana.

In that case, after deciding that Whiting’s Heirs were *400entitled to the surrender of a large tract of land, this Court remanded the case, with instructions to ascertain rents and improvements, respecting which, the opinion then rendered contains the following suggestions:—

“The complainants (Whiting’s Heirs,) are entitled to “an account of the rents and profits, subject to all equi-“ table…