Bowser v. Scott

This was a proceeding before a magistrate by the administrators of a deceased landlord, to enforce priority in payment of rent out of the proceeds of the sale, on execution, of the goods of a tenant, against execution-plaintiffs, and was founded on the 215th sect, of the art. in the R. S. of 1843, regulating distress. The magistrate granted a certificate of rent due, and an appeal was taken by the execution-plaintiffs. .In the Circuit Court, the cause was submitted without a jury on an agreed case, and judgment rendered for the administrators.

The agreed case discloses a written lease in which…