Swearingen v. Magruder
General Court of Virginia
Appeal, from Frederick county court, in an action of replevin brought by the present appellant; and one fíela of rye, containing 209 shocks was replevied and delivered to him. Jlvowry,. That the defendant, as bailiff of his father, took the rye for rent in arrear, from one® Benjamin Beckwith., under a demise from the father, &c. Pleas. 1st. That the defendant, in his own wrong, and not as bailiff, made the distress. 2d. Payment of part of ' the rent in arrear.
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Appeal, from Frederick county court, in an action of replevin brought by the present appellant; and one fíela of rye, containing 209 shocks was replevied and delivered to him. Jlvowry,. That the defendant, as bailiff of his father, took the rye for rent in arrear, from one® Benjamin Beckwith., under a demise from the father, &c. Pleas. 1st. That the defendant, in his own wrong, and not as bailiff, made the distress. 2d. Payment of part of ' the rent in arrear. And 3d. as to the residue of the rent pretended to be in arrear, Beckwith assigned the residue of the term, &c. to the plaintiff, who…
1Opinion of the Court
On argument in' the General Court, the following cases, were cited — 1 Ld. Ray. 454 to 465. 2 Leon. 196. 4 Bac. Ab. 392.
Tim General Court reversed the judgment of the County Court, and awarded a writ'of procedendo.
2Cited by1 opinion
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