Rees v. Emerick
Supreme Court of Pennsylvania
THIS was an action of trespass quare clausum fregerunt, and bona asportaverunt, brought in this Court. The .defendants pleaded non cul., and justified under a demise to the plaintiff, by Baltus Emerick, one of the defendants, and a distress for rent in arrear. The plaintiff replied, no rent in arrear, and issue was joined.
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THIS was an action of trespass quare clausum fregerunt, and bona asportaverunt, brought in this Court. The .defendants pleaded non cul., and justified under a demise to the plaintiff, by Baltus Emerick, one of the defendants, and a distress for rent in arrear. The plaintiff replied, no rent in arrear, and issue was joined. The cause was tried before Judge Duncan, at Nisi Prius, on the 26th September, 1820, when it appeared that before the distress was made, the plaintiff had tendered a sum equal to the rent really due, which Emerick, who claimed a greater amount, refused to receive, but…
1Opinion of the Court
Duncan J.,
delivered the Court’s opinion.
This cause was tried before mé at the sittings in April last. It was trespass for breaking and entering the house of the plaintiff, and taking away her goods. The defendant pleaded, not guilty, and justified the taking as distress for rent.
It appeared on the trial of the cause, that a tender had been made of the rent really due before the distress made; the de*288fendant, however, went on to distrain, claiming a larger sum, and sold the plaintiff’s goods.
This remedy the law has placed in the hands of the landlord ; but an abuse of it subjects him to an…
2Cases cited2 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Newcomb v. ButterfieldNew York Supreme Court · 1811
3Cited by2 opinions
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- Garvin v. DawsonSupreme Court of Pennsylvania · 1825