Turner v. Smith
Supreme Court of Virginia
This was a proceeding upon a warrant of distress for rent issued by a justice of the peace for the county of Alexandria, in April, 18G7, at the suit of R. M. & J. M. Smith against David Turner. The warrant was levied and Turner gave a forthcoming bond, which was forfeited *and returned to the clerk’s office of the county court of Alexandria.
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This was a proceeding upon a warrant of distress for rent issued by a justice of the peace for the county of Alexandria, in April, 18G7, at the suit of R. M. & J. M. Smith against David Turner. The warrant was levied and Turner gave a forthcoming bond, which was forfeited *and returned to the clerk’s office of the county court of Alexandria. The case was removed, by consent, to the Circuit Court of Alexandria county, and Turner pleaded nil debet, no rent in arrear, and no demise, on which issues were joined; and on the trial the jury found a special verdict. It appears from the special…
1Opinion of the Court
JOYNJ3S, J.
It was contended by the counsel for the plaintiff .in error, -that no rent was due to the defendants in error at the time they sued out their warrant of distress, which is a ground of defence allowed in such a case by section 4, chapter 189 of the Code. And, in the first place, it was contended, that the ground rent had been extinguished before the sale bj' the United States tax commissioners, by reason of the title to the rent and the title to the land on which it was charged having been united in the same. To maintain this it was insisted: 1. That *it must be presumed that Moore,…
2Cases cited1 opinion
- Bean v. SimmonsSupreme Court of Virginia · 1852