Trappan v. Morie
New York Supreme Court
BY virtue of a fieri facias, issued on a judgment in favour of the plaintiff against the defendant, who was tenant of a house owned by T. Parcells, and which he had leased to one William Dean, under whom the defendant took possession, the sheriff of New-York, on the 12th of July, 1819, levied on the goods and chattels of the defendant on the premises.
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BY virtue of a fieri facias, issued on a judgment in favour of the plaintiff against the defendant, who was tenant of a house owned by T. Parcells, and which he had leased to one William Dean, under whom the defendant took possession, the sheriff of New-York, on the 12th of July, 1819, levied on the goods and chattels of the defendant on the premises. The landlord, Parcells, on the 14th of July, 1819, made an affidavit, that Dean was justly indebted to him in the sum of 350 dollars, for rent of the premises, due on the 1st of May, 1819, which he filed in the clerk’s office, and served a copy…
1Per curiam
The landlord had a lien on the, goods for the quarter’s rent due on the 1st of May, 1819, previous to the levy of the execution. But he is not entitled to demand of the sheriff the rent which subsequently accrued, while the goods remained on the premises, in the sheriff’s possession. The rule, therefore, must be for the sheriff to pay to Parcells, the landlord, the rent due on the 1st of May, 1819.
Rule accordingly.
2Cited by6 opinions
- Denham v. HarrisSupreme Court of Alabama · 1848
- Washington v. WilliamsonCourt of Appeals of Maryland · 1865
- Bryan v. SandersonDistrict of Columbia Court of Appeals · 1881
- Russell v. DotyNew York Supreme Court · 1825
- Harris Bros. v. DammannDistrict of Columbia Court of Appeals · 1884
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