Meriton v Gilbee
| Jurisdiction | England & Wales |
| Judgment Date | 03 February 1818 |
| Date | 03 February 1818 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 344
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 2 Moore, 48.
[159] meriton v. gilbee. Feb. 3, 1818. [S. C. 2 Moore, 48.] In avowing, as executor or administrator, under the statute of 32 Hen. 8, c. 37, s. 1, il is not necessary for the Defendant to state for what term the tenant held the premises. Qurare, whether the statute 32 Hen. 8, c. 37, applies to rents arising out of terms for years 1 Eeplevin. The Defendant avowed, as administratrix of William Gilbee, deceased, that one James Gilbee, for the space of two years and a half, next before and ending on the 25th of December, 1809, and from thence until and at the time of the death of the said William Gilbee, held and enjoyed the dwelling house and closes, in which, &c., as tenant thereof, to the said William Gilbee, by virtue of a certain demise, made to him the said James Gilbee, at and under the yearly rent of 2801., payable half-yearly, on Ihe 24th of June and the 25th of December. That William Gilbee, for and during all the time aforesaid, was seised in his demesne, as of fee, of and in the said dwelling-house and closes, and that he died, being so seised, on the 24th February, 1810; and that on the 9th June following, administration of his effects was duly granted to the Defendant, That, because the sum of 6111. 4s., parcel of the sum of 7001. of the rent aforesaid, for the space of two years and a half, ending on the '24th of December, 1809, and from thence until and up to the time of the death of the said William Gilbee, was due and unpaid to him from the said James Gilbee, and from and after the death of the said William Gilbee, until and at the said time, wheu, &c. was due and in arrear from the said James Gilbee to the Defendant, as administratrix (the residue of the said sum of 7001. of the rent aforesaid, having been paid and satisfied) she, the Defendant, as administratrix, well avowed the taking of the corn, cattle, and goods, in the declara-tiou mentioned, in the said dwelling house and closes, in which, &c. (the same being charged with the payment of the said rent, and [160] chargeable to the distress of the said William Gilbee, and before and at the said time, when, &c. continuing, remaining, and being in the possession of the Plaintiff only, by and from the said James Gilbee, as bis tenant thereof) and justly, &c., as for and in the name of a distress for the said sum of 6111. 4s., parcel, &c., so due and in arrear as...
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...of the lessor, distrain 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 expressl......
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