Davies, Executor of Elizabeth Davies, Deceased v Davies
| Jurisdiction | England & Wales |
| Judgment Date | 11 June 1862 |
| Date | 11 June 1862 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 962
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 31 L J, Ex. 476.
962 DAVIES V. DAVIES 1 H. & C 1 [451] baviis, Executor of Elizabeth Davies, Deceaseds davies June 11, 1862. -After counts by the plaintiff, as executor, for an excessive distress and for distraining for more rent than was due, the declaration proceeded thus : " And the plaintiff as such executor as aforesaid, also sues the defendant for money paid by the plaintiff as such executor as aforesaid, for the defendant at his request; and for money received by the defendant for the use of the plaintiff, and for money found to be due from the defendant to the plaintiff on an account stated between them. And the plaintiff as such executor as aforesaid claims f 0l. Held, on demurrer, that the declaration was bad for misjoinder. [S. C. 31 L J. Ex. 476.] Declaration. For that the said Elizabeth Davies during her lifetime was tenant to the defendant of a certain messuage at a certain rent, payable by the said Elizabeth lUvies to the defendant, and the defendant, after the death of the said Elizabeth Davies, wrongfully distrained for certain arrears of the said rent, goods belonging to the plaintiff as such executor as aforesaid, of much greater value than the amount of the said arrears and of the charges of the said distress and of the appraisement and sale thereof, although part of the said goods were then of sufficient value to have satisfied the arrears and charges, and might then have been distrained by the defendant for the game, and the defendant thereby made an excessive and unreasonable distress for the said arrears, contrary to the statute in such case made arid provided. And for that the defendant wrongfully seized and took the said goods and chattels of the plaintiff, as such executor as aforesaid, as a distress for certain arrears of rent, to wit, the sum of 111, then claimed and pretended by the defendant to be due and in arrear for rent of the said premises, and wrongfully remained in possession of the said goods and chattels, under colour of the said distress, until the plaintiff, as such executor as aforesaid, was compelled to pay and did pay to the defendant the said pretended arrears of rent and a further sum, to wit, the sum of 15s. 6d., for the costs and charges of the said distress, in order to regain possession of the said goods and chattels : whereas at the time of the making...
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