Staniford v Sinclair and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 June 1824 |
| Date | 23 June 1824 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 280
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 9 Moore, 372; 3 L. J. C. P. (O. S.) 247.
[193] staniford v. sinclair and otheks. June 23, 1824. [S. C. 9 Moore, 372 ; 3 L. J. C. P. (O. S.) 247.] Avawry, "that for all the time during which the rent was accruing due, and from thence until and at the time when, &c., and until and at the death of T. F., the Plaintiff held the place in which, &c., as tenant to T. F. in the lifetime of T. F. under a demise, and because two years' rent due from the Plaintiff to T. F. in his lifetime remained unpaid, and because the Plaintiff remained in possession of the place in which from the death of T. F. till the time when, &c., the avowants, as executors of T. F., distrained :" Held sufficient on demurrer. Replevin. Defendants, as executors of Thomas Fraser deceased, avowed the taking, in August 1823, in the place mentioned ; because the Plaintiff, for all the time during which the rent thereinafter mentioned was accruing due, and from thence until and at the time when, &e. and until and at the time of the death of Thoraaa Fraser, held the place in which, &c. as tenant to Fraser, in the life-time of Fraser, under a demise made to him, at a yearly rent payable quarterly ; and because 2471. the ralue of the rent for two years, due from the Plaintiff to Fraser, in his life-time, (which Fraser died March 12, 1823,) remained unpaid to Fraser or his executors; and because the Plaintiff remained in possession of the place in which, from the death of Fraser till the time when, &c. In a second avowry the Defendants avowed the taking, because the Plaintiff held the place in which, &c. as tenant to the Defendants, by virtue of a demise made to him under a yearly rent, payable quarterly ; aud because 1461. rent, for three quarters, was due to Defendants; and because the Defendant stayed in possession of the place in which, &c. until the time when, &c. On the second avowry the Plaintiff entered a nolle prosequi. To the first he demurred. Taddy Serjt., in support of the demurrer. At common law a distress could only be made during the continuance of the demise ; here, on the face of the avowry, it appears that the distress was made subsequently, for it is averred that the Plaintiff held the land as tenant, [194] until the death of Fraser. It is alleged, indeed, that the Plaintiff continued iu possession; but the possession of the occupier will not of itseli...
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