Barr v. Hughes
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of replevin, by Matthew R. Barr and George W. Barr against James Hughes and Charles Miller, for two sorrel horses, one gray mare, and an iron safe. Plaintiffs were the lessees of a store and barn belonging to Hughes, from April 1st 1859 to April 1st 1860, at an annual rent of $400, payable quarterly.
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Error to the Common Pleas of Erie county. This was an action of replevin, by Matthew R. Barr and George W. Barr against James Hughes and Charles Miller, for two sorrel horses, one gray mare, and an iron safe. Plaintiffs were the lessees of a store and barn belonging to Hughes, from April 1st 1859 to April 1st 1860, at an annual rent of $400, payable quarterly. After January 1st 1860, Hughes placed a landlord’s warrant in the hands of Miller, to distrain for $800, the rent claimed as due for three quarters, under which the property above mentioned was held. The plaintiffs, claiming that the…
1Opinion of the Court
The opinion of the court was delivered, by
Strons, J.
This was an action of replevin, in which the defendants avowed the taking as a distress for rent in arrear. We have not the pleadings before us, and we can gather what they were only from the statement of the plaintiffs in error. The avowry of course set out a demise of the lands upon which the distress was made, and it averred that there was rent due to the amount of $300. The plea of the plaintiffs was “news in arrere.” If there was also a plea traversing the alleged demise, it is unimportant now, for the only error assigned relates to the…