A Treatise on Rents, Real and Personal Covenants and Conditions

A Treatise on Rents, Real and Personal Covenants and Conditions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...was only to be detained as a pledge to enforce payment or performance. But under our statute it was held otherwise. In Valentine vs. Jackson, 9 Wen., 305, Nelson, J., said: " Though the act--2 R. S., 504, 24--which directs the sale of goods, distrained for rent, is general in its terms, yet I apprehend it must be limited to a case of a fixed sum of rent due in money; or if payable in any other way the value must be fixed by the parties in the lease, otherwise how could the ofiicer know the amount to be paid the landlord? There is no statute providing any mode, in a case of this kind, of ascertaining the amount, when uncertain or unliquidated. A distress in all other instances must be conducted according to the common law, and be held as a pledge until redeemed by the payment or rendition of service, as the case may be. If any other argument was necessary to support this view, it might be drawn from the provision in the statute which requires the officer, immediately upon making distress, to give notice thereof to the tenant, with the cause of such distress, and the amount of rent due.--2 R. S., 504, 24." That case and its reasoning seem to be conclusive that proceedings to distrain could not have been had under our statutes. Now let us see whether there could have been distress at common law. It will not be necessary to examine the general question whether such a proceeding could have been had in any case. The provision in the indentures determines this point. The common law distress was not provided for. The terms of the provision were, that if the rent should remain unpaid for twenty-eight days next after the days of payment, it should be lawful for the grantor, his heirs or assigns, either to prosecute in some...show more

Product details

  • Paperback | 106 pages
  • 189 x 246 x 6mm | 204g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236982606
  • 9781236982605