Davis v. Tyler
New York Supreme Court
THIS was an action of replevin, originally commenced in the Court of Common Pleas of St. Lawrence county, aud removed to this Court by certiorari. The plaintiff, D., declared, in the usual form, against the defendant, T., for taking the plaintiff’s cattle, on his farm, at Messina, &c. The defendant avowed the taking, as a distress for rent due to him from the plaintiff, as tenant of the premises, under a lease for years, the landlord being seized in fee, &c.
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THIS was an action of replevin, originally commenced in the Court of Common Pleas of St. Lawrence county, aud removed to this Court by certiorari. The plaintiff, D., declared, in the usual form, against the defendant, T., for taking the plaintiff’s cattle, on his farm, at Messina, &c. The defendant avowed the taking, as a distress for rent due to him from the plaintiff, as tenant of the premises, under a lease for years, the landlord being seized in fee, &c. The plaintiff pleaded to the avowry, that the place in which, &c. was not the close and freehold of the defendant, as alleged in the…
1Per curiam
No instrument in writing not under seal, can be pleaded as an estoppel. The defendant, therefore, ought not to have replied this unsealed lease, by way of estoppel, but should have taken issue upon the fact, that the premises were his freehold. If one gives an acquit-' tance under his hand and seal, for rent, he shall be estopped to demand rent due at a day before. But, if the acquittance is not under seal, it is not an estoppel, but evidence merely. (5 Bac. Mr. 432. Comb. 59.) The form of pleading an estoppel, is to rely on the deed as an estoppel, and pray judgment that the party be…
2Cited by4 opinions
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- Phenix v. HallcockAppellate Court of Illinois · 1912