Davis v. Payne's Administrator
Court of Appeals of Virginia
This was an appeal from the Richmond Chancery Court, where Robert C. Davis, and James M. Davis, infant children of Isaac Davis, by Joseph Butler, their next friend, filed their bill, setting forth the following case: that their father Isaac Davis, became the tenant of a house and lot in the City of Richmond, which was held by Samuel Payne, in right of firs wife, who. had been the widow of JLdam Craig, deceased, and who held the said property in right of dower: that the said…
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This was an appeal from the Richmond Chancery Court, where Robert C. Davis, and James M. Davis, infant children of Isaac Davis, by Joseph Butler, their next friend, filed their bill, setting forth the following case: that their father Isaac Davis, became the tenant of a house and lot in the City of Richmond, which was held by Samuel Payne, in right of firs wife, who. had been the widow of JLdam Craig, deceased, and who held the said property in right of dower: that the said Isaac Davis finding the said lot to be extremely unhealthy, removed from it; and the said Payne claimed of him rent to…
1Opinion of the Court
Judge Green.
In this case, the property was distrained, not on the demised premises, but as the property of the tenant fraudulently removed from them. The property of a third person never was liable to distress, unless it were found upon the premises. Therefore, the Act of 1818, 1 Rev. Code, ch. 113, § 15, exempting the property of strangers found upon the premises, from.distress, provided the party asserted his title by replevin, has no application to this case. H the property in question belonged to the tenant, it was liable to distress; if not, it was not liable even before the Act of 1816.…
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- Mason v. MoyersSupreme Court of Virginia · 1844
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