Pascoe and Another v J. Pascoe
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1837 |
| Date | 09 June 1837 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 656
IN THE COURT OF COMMON PLEAS
S. C. 5 Scott, 117; 3 Hodges, 188; 6 L. J. C. P. 322.
pascoe and another v. J. pascoe. June 9, 1837. [S. C. 5 Scott, 117; 3 Hodges, 188; 6 L. J. C. P. 322.] To avowry for rent arrear, plea, that by the demise in the avowry mentioned, avowant demised and transferred the premises to Plaintiff for the residue of avowant's term and interest in the same, and that avowant had not, at the time when, &c., any 3 BIKG. (N. C.) 899. PASCOE V. PASCOE 657 reversionary interest in the premises, after the expiration of the term granted to Plaintiff by the demise; Held, sufficient.-Replication; a power of distress given by the award of an arbitrator to whom all matters in difference between the parties had been referred; Held, ill, without averring that the arbitrator had authority to confer a power of distress, or that the right to distrain was one of the matters in difference. Replevin. Avowry and cognizance, First, that the Plaintiffs for a long time, to wit, for all the time during which the rent hereinafter mentioned to be distrained for, was accruing due, and from thence until and at the time [899] when, &c., held and enjoyed the premises in which, &c. with the appurtenances, as tenants thereof to J. Pascoe the younger, by virtue of a certain demise thereof to the Plaintiffs theretofore made at and under a certain yearly rent, to wit, the yearly rent of 321. payable half-yearly.- Distress for 801. rent arrear. Secondly, That the Plaintiffs, for the space of two years and upwards next before and at the time of making the agreement hereinafter mentioned, held and enjoyed the premises, as tenants thereof to the said J. Pascoe the younger, by virtue of a certain demise thereof to the Plaintiffs theretofore made, at and under a certain yearly rent, to wit, the yearly rent of 361. payable half-yearly : That before the making of the said agreement, to wit, on the 21st of September 1831, the said J. Pascoe the younger had caused to be distrained on the said premises divers goods and chattels for the sum of 361. arrears of rent due on the 24th of June, then last past, to the said J. Pascoe the younger, and the Plaintiffs had replevied the said goods and chattels, and- commenced an action against J. Pascoe the younger in the sheriff's court of Cornwall, which action of replevin was afterwards removed by virtue of a writ of recordari facias loquelam from the said Sheriff's Court to the Court of King's Bench, and was then pending: that disputes and differences having arisen and being subsisting between the said parties relative to the said distress and action at law, and other matters relative to the said premises, particularly as to the amount of the yearly rent which should be paid for the said estate, the Plaintiffs and J. Pascoe the younger, for the ending and determining thereof, did before the said time when, &c., to wit, on the 29th of June 1832, by a certain agreement in writing then made between the said J. Pascoe the younger and the Plaintiffs, mutually and reciprocally agree with each other that as well the mat-[900]-ters aforesaid as all other matters in difference between the said parties, and more particularly the amount of the rent which should be paid for the said premises, should be, and the same were thereby submitted and referred to the award, arbitrament, final end, and determination of Robert Julian,-whose award was to be final and conclusive, both at law and in equity,-as well on the part and behalf of J. Pascoe the younger, as on the part and behalf of the Plaintiffs, to settle and ascertain the same, and to award, order, and determine by...
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