Webb, Trustee v. Sharp, Marshal
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia; the ease being this: By the act of Congress, passed February 22d, 1867,* the right of distress for rent in the District of Columbia was abolished, and instead thereof, it was enacted, “ that the landlord shall have a tacit lien upon such of the tenant’s personal chattels upon the premises as are subject to execution for debt, to commence with the tenancy and continue for three months after the rent is due, and until the…
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Error to the Supreme Court of the District of Columbia; the ease being this: By the act of Congress, passed February 22d, 1867,* the right of distress for rent in the District of Columbia was abolished, and instead thereof, it was enacted, “ that the landlord shall have a tacit lien upon such of the tenant’s personal chattels upon the premises as are subject to execution for debt, to commence with the tenancy and continue for three months after the rent is due, and until the termination of any action for such rent brought within said three months.” And under the act this lien may be enforced:…
1Opinion of the CourtJustice Bkadley
The question is, whether the lien of the landlord is, or is not, superior to that of the trustee. The Supreme Court of the District decided that it is, and in that opinion we concur.
It will be seen by reference to the act of Congress passed February 22d, 1867, and which governs the subject, that it is clear and explicit that the landlord shall have a lien upon the tenant’s chattels on the premises (liable to execution), “to commence with the tenancy and continue for three mouths after the rent is due.” It also points out how, within the three months, the lien is to be enforced, namely, by…
2Cases cited1 opinion
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
3Cited by13 opinions
- Trans-Lux Radio City Corp. v. Service Parking Corp.District of Columbia Court of Appeals · 1947
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
- H. R. E., B. & B. Ass'n v. CochranTexas Supreme Court · 1884
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- American Exchange Bank v. Goodlee Realty Corp.Supreme Court of Virginia · 1923
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