Beirne v. Snyder

Maxwell, Judge :

This is an appeal from a decree of the circuit court of Kanawha County sustaining a demurrer to a bill and dismissing it.

The plaintiffs were tenants under a lease, and, falling in arrears in the payment of rent, the landlords caused a distress warrant to be, issued by a justice of the peace and a levy thereunder to be made by a constable upon personal property of the lessees. The personal property thus seized was advertised and sold publicly by the constable, at which sale the defendant became the purchaser. By this suit the plaintiffs seek to have said proceeding held for…