Knight v Bennett
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1826 |
| Date | 24 January 1826 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 552
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 11 Moore, 227; 4 L. J. C. P. (O. S.) 95.
knight v. benett. Jan. 24, 1826. [S. C. 11 Moore, 227 ; 4 L. J. C. P. (0. S.) 95.] Plaintiff entered a farm under an oral agreement for a lease for ten years ; though the time of paying rent was settled, it did not appear what was the amount to be paid; the lease was never executed ; but Plaintiff occupied according to the terms of the proposed lease, and paid a certain rent for two years :-Held, that the lessor might distrain. Replevin. Avowry, for two years' rent, payable half yearly, and due March 25th, 1824. To this the Plaintiff pleaded non-tenuit, and riens en arriere. There were other avowries for the same amount of rent payable yearly, to which the Plaintiff pleaded riens en arriere only, paying into Court a sum which would cover the alleged rent to Michaelmas 1823. At the trial before Graham B., Sussex Summer assizes [362] 1825, a witness proved that he had arranged the terms of a proposed lease between the Plaintiff and avowant for ten years from Michaelmas 1820, as to every thing but the amount of...
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