Martin v Burton
| Jurisdiction | England & Wales |
| Judgment Date | 22 June 1819 |
| Date | 22 June 1819 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 730
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 3 Moore, 608.
martin v. burton. June 22, 1819. [S. C. 3 Moore, 608.] Where the bailiff of an executrix made cognizance in replevin for arrears of rent incurred in the life-time of the testator, and a verdict was found for the Defendant, the Court would not permit the Plaintiff to enter up judgment noil obstante vere-dicto, on the ground, that the record did not shew the executrix to be entitled to distrain, under the 32 H. 8, c. 37, s. 1. Replevin for goods. Cognizance, that Plaintiff from the 29th of September, 1817, until and upon the [280] 25th of March, 1818, and from thence until the death of Joseph Arden, which happened on the 10th of April, 1818, held and enjoyed the dwelling-house in which, &c., with the appurtenances, as tenant thereof to J. A., under the yearly rent of 301., payable quarterly, to wit, on the 25th of March, the 24th of June, the 29tb of September, and the 25th of December, in each and every year; and because the sura of 151. of the rent aforesaid, for the space of half a year of the said time, ending on the 25th March, 1818, was due and in arrear to the said J. A., deceased, in hia life, and continued so in arrear and unpaid, until and at the time of the death of the said J. A., and from thence until and at the time, when, &c. continued in arrear from the Plaintiff to Temperance Arden, as executrix of J. A., Defendant well acknowledges the taking of the goods and chattels in the declaration mentioned, in the said dwelling-house, in which, (fee. and justly, &c. as for and in the name of a distress for the said rent so due and in arrear as aforesaid, and which said rent still remains due, and in arrear, and unpaid ; and this the Defendant, &c., and therefore, &c. Profert of the letters testamentary of J. A., whereby it appears that the said T. A. is executrix of the will of the said J. A. Pleas, non tenuit, riens in arrear, and eviction. The cause was tried before Dallas C. J., at the sittings after last Easter term, and a verdict found for the Defendant. Hullock Serjt. on a former day moved to enter a judgment for the Plaintiff non obstante veredicto, on the ground, that an executor's right to distrain is given by statute (32 H. 8, c. 37, s. 1), and it is a rule, that where a statutable authority is given, a party justifying under it, must bring himself distinctly within the terms of the [281] statute. An avowant is in...
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Duppa, Executor of Baskervile, v Mayo
...for arrearages of rent. See the cases collected in Sehv. N. P. 664. See also 2 B. Moore, 48, Meriton v. Gilbee. 8 Taunt. 159, S. C. 1 Brod. & Bing. 279, Martin v. Burton. 3 Moo. 608, S. C. [2 Bing. 193, Stamford v. Sinclair. 9 Moore, 376, S. C. The point was expressly decided in the negativ......