Anonymous (1795) 3 Salk 136
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 737
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. & Hill. 8 Will. 3, C. B.
3 SALKELD, 137. DISTRIBUTION 737 2. howbll versus bell. [Mich. & Hill. 8 Will. 3, C. B.] Where au executor may distrain for rent in arrear to the testator. In replevin, the defendant avowed, for that W. R. was seised of the plane where, &c. in fee, and being so seised he granted a rent-charge out thereof to W. W. for life ; that W. W. is dead, and that he (the defendant) was his executor, and distrained in the place where, for so much rent in arrear, and due to his testator in his life-time; but did not aver that the place where, &c. was then in the seisin of the grantor of this rent, or any other person who claimed by, from, or under him ; and upon a demurrer to this avowry, Holt, Ch. Just, held, that the executor might distrain either on the grantor or any other person who comes in by or through him, and if the plaintiff is not liable to the distress, it is more natural for him to shew it in his replication, for his own defence...
To continue reading
Request your trial
-
Re Modern Jet Support Centre Ltd
...from distress for poor rates and it was decided that they were not, Lord Mansfield quotes with approval the following passage from 3 Salkeld, p. 136: "This common-law exemption of utensils, tools, instruments of husbandry etc. from distress holds only in distress for rent arrear, amerciamen......
-
Potts v Hickman
...from distress for poor rates and it was decided that they were not, Lord Mansfield quotes with approval the following passage from 3 Salkeld p. 136: "This common-law exemption of utensils, tools, instruments of husbandry etc. from distress holds only in distress for rent arrear, amerciament......
-
The King v Jones
...might be distrained for nonpayment of a poor rate, and Lord Mansfield gave the same reason as that above given by Lord Kenyon See also 3 Salk 136 So in tiimpson v. Harlopp, Wdles, 512, and Gorton v Palkner, 4 T. R 565, it was held, that implements of trade might be distrained for rent if th......
-
Moynihan v Denny
...B. DIVISIONS. Holmes, J. MOYNIHAN and DENNY. R. V. SpeedENR 12 Mod. 330. AnonENR 3 Salk. 136. Hutchins v. ChambersENR 1 Burr. 579. VOL. XXVIII. Hughes v. Ring 1 J. & W. 392. M'Namara v. ApjohnUNK 13 Ir. L. R. 394. The King v. Speed 1 Lord Raym. 583. Hutchins v. ChambersENR 1 Burr. 579. Gran......