Roden v Eyton
| Jurisdiction | England & Wales |
| Judgment Date | 02 November 1848 |
| Date | 02 November 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 1315
IN THE COURT OF COMMON PLEAS
S. C. 18 L. J. C. P. 1; 12 Jur. 921.
[427] koden v. eyton. Nov. 2, 1848. [S. C. 18 L. J. C. P. 1; 12 Jur. 921.] A rick of wheat of the value of 621. was seized as a distress for 391., arrears of a rent-charge under the tithe-commutation act, 6 & 7 W. 4, c. 71 : it being doubtful, in point of law, whether the straw could be sold, inasmuch as the tenant was under covenant with his landlord to consume it on the farm, the tithe rent charge owner sold the wheat only, the buyer to thresh it on the premises, and leave the straw: the value of the wheat was 421., that of the straw 201.:-Held, that the tithe rent charge owner was justified in seizing the entire rick, and, although there was other property on the premises, that the distress was not excessive.-The " sworn appraisers " by whom the distress is valued, must be persons reasonably competent, but need not be professional appraisers. This was an action upon the case. The first count of the declaration was, for distraining for arrears of a rent-charge under the tithe-commutation act 6 & 7 W. 4, c. 71, without notice (a); the second, for an excessive distress; the third, for not selling .the distress for the best price; the fourth, for selling without due appraisement ; and the fifth, trover. Pleas,-first, not guilty,-secondly, that the goods were not the goods of the plaintiff,-thirdly, a justification under the act, as a distress for arrears of a rent-charge. The cause was tried before Platt, B., at the last assizes at Shrewsbury. The plaintiff, it appeared, had been tenant of a farm, which he quitted at Lady-Day, 1847, leaving thereon three ricks of corn, his property. By the agreement under which he had held the farm, he [428] was bound to consume all the straw, &c., grown on the farm, upon the premises. The defendant seized the largest rick, as a distress for 391. arrears of a rent-charge imposed upon the premises under the tithe-commutation act, caused it to be valued by two persons who were not professional appraisers, and sold it upon the terms of the purchaser's leaving the straw on the farm. The agreed value (a) The 81st section enacts, "that, in case the said rent-charge shall, at any time, be in arrear and unpaid for the space of twenty-one days next after any half-yearly day of payment, it shall be lawful for the person entitled to the same, after having given or left ten days' notice in writing at the usual...
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...22 QBD 614 (refd) Owen v Daly [1955] VLR 442 (refd) Rachapudi Subba Rao v AG, AP (1981) 2 SCC 577; (1981) 2 SCR 320 (refd) Roden v Eyton (1848) 6 CB 427; 136 ER 1315 (folld) Smith v Keal (1882) 9 QBD 340 (refd) South East Enterprises (Singapore) Pte Ltd v Hean Nerng Holdings Pte Ltd [2012] ......