R. 79,  80.)  The  general  doctrine  is  fully  expounded  and  supported  in  the
Digest,  where  it  is  applied,  not  to  all  expenditures  upon  the  estate,  but  to  such
expenditures  only  as  have  enhanced  the  value  of  the  estate  (^quatenus  pretiosior
res  facta  est). (Dig. lib. 20,  tit. 1,  1. 29,  §  2  ;  Dig. lib. 6,  tit. 1, 1. 65 ;  Id. 1. 38  ;
Pothier,  Pand. lib. 6,  tit. 1,  n. 43,  44,  45,  46,  48,)  and  beyond  what  he  has  been
reimbursed  by  the  rents  and  profits. (Dig-  lib. 6,  tit. 1, 1. 48.). The  like  principle
has  been  adopted  into  the  law  of  the  modern  nations  which  have  derived  their
jurisprudence  from  the  Boman  law ;  and  it  is  especially  recognized  in  France,
and  enforced  by  Pothier,  with  his  accustomed  strong  sense  of  equity,  and  general
justice,  and  urgent  reasoning. (Pothier  De  la  Propri^t^,  n. 343  to  353 ;  Code  Civil
of  France,  art. 552,  555.)  Indeed,  some  jurists,  and  among  them  Cujacius,  insist,
contrary  to  the  Boman  law,  that  even  a  malafde  possessor  ought  to  have  an  al-
lowance of  all  expenses  which  have  enhanced  the  value  of  the  estate,  so  far  as  the
increased  value  exists. Pothier  De  la  Propri^te,  n. 350 ;  Vinn. ad. Inst. lib. 2,
tit. 1,1. 30,  n. 4,  p. 195.)  The  lawof  Scotland  has  allowed  the  like  recompense
to  honafide  possessors,  making  valuable  and  permanent  improvements ;  and  some
of  the  jurists  of  that  country  have  extended  the  benefit  to  rruda  fide  possessors  to
a  limited  extent. (Bell,  Comih. on  Law  of  Scotland,  p. 139,  §  538 ;  Ersk. Inst,
b. 3,  tit. 1,  §  11 ;  1  Stair,  Inst. b. 1,  tit. 8,  §  6.)  The  law  of  Spain  affords  the  like
protection  and  recompense  to  hand,  fide  possessors,  as  founded  in  natural  justice
and  equity. (1  Mor. &  'Carl. Partid. b. 3,  tit. 28, 1. 41,  p. 357,  358 ;  Asa  &  Manuel,-
Inst,  of  Laws  of  Spain,  102.)  Groti^  Puffendorf,  and  Butherforth,  all  affirm  the
same  doctrine,  as  founded  in  the  truest  principles  ex  cequo  et  bono. (Grotius,  b. 2,
oh. 10,  §  1,  2,  3 ;  Puffend. Law  of  Nat. &  Nat. b. 4,  ch. 9,  §  61 ;  Butherf. Inst,
b. 1,  ch. 9,  §  4,  p. 