Gill v. Patton
U.S. Circuit Court for the District of District of Columbia
Covenant for rent. The plea was that the plaintiff had not paid the ground-rent to Alexander, the original landlord, whereby the defendant was prevented from occupying the premises for fear of being distrained for that rent. General demurrer. cited Dawson v. Myer, 1 Strange, 712; Monk v. Cooper, 2 Strange, 7G3; 2 Ld. Rayin. 1477; Belfour v. Weston, 1 Term R. 310; I-Iowlet v. Strickland, Gowp. 50. This covenant is of no effect, because it could not support an action.
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Covenant for rent. The plea was that the plaintiff had not paid the ground-rent to Alexander, the original landlord, whereby the defendant was prevented from occupying the premises for fear of being distrained for that rent. General demurrer. cited Dawson v. Myer, 1 Strange, 712; Monk v. Cooper, 2 Strange, 7G3; 2 Ld. Rayin. 1477; Belfour v. Weston, 1 Term R. 310; I-Iowlet v. Strickland, Gowp. 50. This covenant is of no effect, because it could not support an action. Patton could not recover till he was damnified. There has been no eviction. 1 Esp. N. P. 323. The covenant pleaded in bar is to…
1Opinion of the Court
Judgment for the plaintiff on the demurrer, at June term, 1S04.
ISee Cases Nos. 5,427, 5,42S, and 5,430.]
2Cited by1 opinion
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