The Law of Real Property in Its Present State Practically Arranged And Digest
The Law of Real Property in Its Present State Practically Arranged And Digest
George Crabb
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J. , Davics v. Powell, Willcs, 48; see also Binstead v. Buck, 2 Bl, 1117. (i) Davies v. Powell, sup. (1) Russell V. Doty, 4 Cow. 576 ; Kessler v. M'Cofiachy, 1 Raw. 4. 35 ; or a nejrro of a stranger accidentally on the premises. Bull v. Horlback, 1 Bay, 301. But if the tenant quit possession, and sell liis goods to a succeeding tenant, tlicy cannot be distrained for tlie arrears due by the former tenant. Clifford v. Beams, 3 W. 246. The rule of the common law has been altered in Kentucky, 2 Dan...a, 213, and in Virginia, 1 Lomax, Dig-. 551, and the remedy confined to the goods of the tenants. 173 crabb's law of real property^ and the like, are not distrainable ;(1) for what is part of the freehold cannot be severed from it without detriment to the thing itself in the removal, and ^ -, as distresses *were considered as pledges, which were to be restored L -'to the owner in statu quo, such things once removed, could not have been so restored. Besides, what is fixed to the freehold is part of the thing demised, and the nature of a distress was not to resume part of the thing itself for the rent, but only the inducta and illata upon the soil or house.
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