Since the rule that erections or additions made by one who has no rights to land arc fixtures, and therefore not removable by him, even though he made them in the belief that he was the owner of the land, is calculated to cause hardship to an innocent occupant pf another's land, by giving the benefit of his labor and expenditures to the landowner93 a system of compensation for improvements so made has been established by the courts, and, in most of the states, by express legislation.

A court of equity will, on the principle that he who seeks equity must do equity, refuse its assistance to the rightful owner of land as against an occupant thereof unless he makes compensation for permanent and beneficial improvements, made by the latter without notice of the defect in his title.94 Occasionally equity with materials raised elsewhere, in such ease the manure has been held not to pass by a conveyance of the land.5

So. 11; Leonard v. Clough. 133 N. Y. 292, 16 L. R. A. 305, 31 N. E. 93; See Smith v. Odom, 63 Ga 499; Bricker v. Whisler, Ind. App. 117 N. E. 650..

92. As regards the applicability of the parol evidence rule, see the reference to the authorities bearing on the analagous case of an exception, in a conveyance of land, of fructus naturales. Ante, Sec. 257, notes 69. 70.

93. Jones v. New Orleans & S. R. Co., 70 Ala. 227; Beers v. St. John, 16 Conn. 322; Goddard v. Bolster, 6 Me. 427, 20 Am. Dec. 320; Inhabitants of First Parish in Sudbury v. Jones, 8 Cush. (Mass.) 184; Hunt v. Missouri Pac. Ry. Co., 76 Mo. 115; Price v Weehawken Ferry Co., 31 N. J. Eq. 31; Richtmyer v. Morss, 3

Keyes (N. Y.) 349; Doscher v. Blackiston, 7 Ore. 143.

94. 3 Pomeroy, Eq. Jur. Sec. 1241; Cordon v. Tweedy, 74 Ala. 232, 49 Am. Rep. 813; Williams v. Vanderbilt, 145 111. 238, 21 L. R. A. 489. 36 Am St. Rep. 486. 34 N. E. 476; Hawkins v. Brown, 80 Ky. 186; Broumel v. White. 87 Md. 521, 39 Atl. 1047; Cole v. Johnson. 53 Miss. 94; Carter v. Brown, 35 Neb. 670, 53 N. W. 580; Foley v. Kirk, 33 N. J. Eq. 170; Thomas v. Evans, 105 N. Y. 601. 59 Am. Rep. 519, 12 N. E 601; Wharton v. Moore, 84 N. C 479, 37 Am. Rep. 627; Bomberger v. Turner, 13 Ohio St. 263, 82 Am. Dec. 238; Howard v. Massengale. 13 Lea (Tenn.) 577; Bacon v. Thornton, 16 Utah 138, 51 Pac. 153.

The equitable practice of granting compensation in favor of an innocent occupant of land has frequently been adopted by courts of law to the extent of allowing the value of the improvements to be set off against the claim of the owner for mesne profits.97

In most of the states, statutes, known as "Occupying Claimants' Acts," or "Betterment Acts," have been passed allowing one in adverse possession of another's land, under color of title, who has made improvements thereon in good faith, to recover their value, either by the assertion of his claim in an action by the owner to recover the land, or by a direct proceeding for the purpose.98

95. Bright v. Boyu, 1 Story (U. S.) 478, 2 Id. 605; Thomas v. Thomas, 16 B. Mon (Ky) 420: Union Hal1 Aso'n v. Morrison, 39 Md. 281; Valle v. Fleming, 29 Mo. 152, 77 Am. Dec. 557; Albea v. Griffin, 22 N. C. 9; Hatcher v. Briggs, 6 Ore. 31; Herring v. Pollard, 4 Humph. (Tenn ) 362, 40 Am. Dec. 653; Blodgett v. Hitt. 29 Wis. 169.

96. Ellet v. Wade, 47 Ala. 456; Williams v. Vanderbilt, 145 111. 238, 21 L. R. A. 489, 36 Am. St. Rep. 486, 34 N. E. 476; Moody v. Harper, 38 Miss. 599; Putnam v. Ritchie, 6 Paige (N. Y.) 390; Shroll v. Klinker, 15 Ohio 152: Fricke v. Safe Deposit & Trust Co., 183 Pa. 271, 38 Atl. 601.

97. Kerr v. Nicholas, 88 Ala. 346, 6 So. 698; Porter v. Hanley, 10 Ark. 186; Dudley v. Johnson,

102 Ga. 1, 29 S. E. 50 (statute); Wernke v. Hazen. 32 Ind. 431: Tongue v. Nutwell, 31 Md. 302; Learned v. Corley, 43 Miss. 687; Fenwick v. Gill, 38 Mo. 510; Carter v. Brown, 35 Neb. 670, 53 N. W. 580; Jackson v. Loomis 4 Cow. (N. Y.) 168, 15 Am. Dec. 347, and note; Dowd v. Faucett. 15 N. C. 92; Preston v. Brown, 35 Ohio St. 18; Ege v. Kille. 84 Pa. St. 333; Har-man v. Harman, 54 S. C. 100. 31 S. E. 881; Huebschman v. Von Colzhausen, 107 Wis. 64, 82 N W. 720.

98. The numerous decisions construing and applying the various statutes are collected in 16 Am. & Eng. Ency. Law 79 et seq.; 22 Cyclopedia Law & Proc. 12 et seq; Sedgwick & Wait, Trial of Title to Land c. 26.