This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
Whether he can claim for improvements or repairs.
(d) Thomas v. T., (1855) 2 K. & J. 79, 85 ; 25 L. J. Ch. 159 ; and see Hicks v. Sallitt, (1854) 3 D. M. & G. 782, 813 ; 23 L. J. Ch. 571 ; Nanncy v. Williams, (1856) 22 Beav. 452, 470 ; Hicks v. Hastings, (1857) 3 K. & J. 701 ; and compare Penny v. Allen, (1857) 7 D. M. & G. 409, 427 ; Morgan v. M., (1870) 10 Eq. 99 ; 39 L. J. Ch. 493.
(e) Hickman v. Upsall, (1876) 4 Ch. D. 144 ; 46 L. J. Ch. 245.
(/) Neesom v. Clarkson, (1845) 4 Ha. 97; see Donovan v. Fricker, (1827) Jac. 165.
(g) Howell v. H, (1837) 2 M. & C. 478.
(h) See Neesom v. Clarkson, (1842) 2 Ha. 163, 176; (1815) 4 Ha. 97; quaere whether an allowance should not have been made for interest upon the difference between Clarkson's and Syke's purchase-money, the account of rents and profits being carried back to the date of Syke's purchase. And see and consider Parkinson v. Han-lury, (1867) L. R. 2 H. L. 1 ; 36 L. J. Ch. 292, and Lord Westbury's comments on Neesom v. Clarkson ; see too Maddison v. Chapman, (1861) 1 J. &H. 470.
(i) Musadee v. Meerza, (1854) 8 Mo. P. C. 90, 113.
When the purchase is of the estate of an infant, the purchaser may, it seems, be treated as a bailiff, and be charged with interest on his balances, and with such rents as he might have received but for wilful default (o) ; and the account will not be limited to a period of six years next before the filing of the bill, but will be carried back to the commencement of the purchaser's possession (p) ; and this extraordinary relief is not to be confined to cases where the infant has been in possession by himself or his guardian (q).
If estate belonged to infant.
As a general rule, where the defendant fills a fiduciary character the account is directed, either from the commencement of his occupancy, or from six years before the commencement of the action, at the discretion of the Court (r).