Wright v. Williams
New York Supreme Court
On demurrer to the defendant’s avowries. The action was replevin for two bay mares and a colt, commenced by . v 1 J plamt m the Common Pleas of Washington county ; and removed into this court by certiorari.
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On demurrer to the defendant’s avowries. The action was replevin for two bay mares and a colt, commenced by . v 1 J plamt m the Common Pleas of Washington county ; and removed into this court by certiorari. The defendant, among other matters of defence, interposed two avowries of the taking as a distress for rent, The first was as executor of John Williams, deceased ; and averred that the testator was, on the 13th of January, 1804, lawfully possessed in his demesne as of fee simple of certain premises, situated, of $35, payable on the 1st day of April in each year; and because $595, being…
1Opinion of the Court
Curia, per Sutherland, J.
The statute of 11 Geo. 2, ch. 19, s. 22, which authorizes defendants in replevin to avow or make conusance generally, that the plaintiff in replevin, or other tenant of the premises whereon the distress was made, enjoyed the same under a grant or demise at a certain rent, during the time wherein the rent distrained for, accrued ; and which was then and still remains due, without further setting forth the title of the lessor or owner of the premises, has never been adopted in this state. We have, therefore, no relaxation of the common law rule, which requires the…
2Cited by2 opinions
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- City of Oklahoma City v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1895