Keen v Prirst
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1859 |
| Date | 08 February 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 829
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 28 L. J. Ex. 157; 7 W. R. 376. Applied, Johnson v. Lancashrie and Yorkshiie
Railway, 1878, 3 C P L). 506
keen v. priest. Feb 8, 1859.-Cart colts and young steers, not broken in or used for harness or the plough, are not privileged from distress as beasts which gain the land.-In case of a distress by a landlord for rent due from his tenant, the sheep of an undertenant are privileged if there are other goods upon the premises sufficient to satisfy the rent.-The owner of sheep, seized and sold under a distress for rent, which was unlawful because there were other goods on the premises belonging to him which might have been distrained for the same rent, is entitled to recover from the distrainor, not merely nominal damages, but the full value of the sheep so seized [S. C. 28 L. J. Ex. 157; 7 W. R. 376. Applied, Johnson v. Lancashiie awl Yorkshiie Railway, 1878, 3 C P L). 506 ] Declaration. Thaf defendant took and distrained sheep of the plaintiffs of great value, then being in and upon certain land and premises, with the appurtenances, held by one J. T. Sellers as tenant thereof to the Earl of Monnngton, not for damage feasantj but for certain rent then alleged to be due from J. T. Sellers to the said Earl, for and in respect of the said land, &c ; the eatage of which said land was then used and rented by the plaintiff of the said J T. Sellei's, for the depasturing of the said sheep [237] of the plaintiff for a ceitain period which then had long to run, and which said sheep contributed to manure and till the said land and increase the eatage, &c ; and although there were then other goods and chattels, to wit of the plaintiff, there distrainable for the said rent in and upon the said land (not being beasts of the plough, nor other animals or chattels, or crops not distranuible by law), sufficient for a reasonable distress for the rent aforesaid, yet the defendant afterwards, to wit &c., sold the said sheep, and converted and disposed of the money arising from the sale thereof to the use of the defendant, contrary to the form of the statute, &c. Second count: Trespass for taking sheep Third count: Trover for sheep. Plea, to the first, second and third counts : Not guilty At the trial, before Bramwell, B, at the last Essex Summer Assizes, it appeared that the plaintiff had purchased of Sellers the after-grass of certain marshes at Wanstead which...
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Attack v Bramwell
...distrained for rent, it was held that the meaiure of damages was the real value of the goods minus the rent due. But in Keen v. Priest (4 H. & N. 236), where sheep were seized and sold under a distress for rent, which was unlawful because there were other goods on the premises which might h......
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Chinery v Viall
...has made default. The observation applies to all the cases which will be cited for the defendant on this point. In Keen v. Pi test (4 H. & N. 236), in trover, the plaintiff was held entitled to the value of the goods illegally distrained. They refened also to Gillanl v. Bnttcui (8 M & \V. f......