White v. Cross

White v. Cross. Upon the issue of “ no rent an-ear,” the plaintiff in replevin will not be permitted to show that the defendant “ had nothing in the. tenements.” * An assignment by the lessor, during the term, without attornment, does not prevent the lessor from distraining. In replevin for goods distrained for rent, the defendant cannot give evidence of the value of the use and occupation. .. - Replevin. Avowry for rent,— plea,- no rent arrear, — and issue. [MAJORITY — ..The Court] ..The Court (Thruston, J., absent,) refused to permit the tenant to give in evidence, a deed in fee from Cross to Prout, made within the term, without attornment, to show that Cross had no right to distrain; the only issue being “ no rent arrear,” which admits the demise, and precludes the tenant from showing that the defendant had nothing, in the tenements. The Court also refused to permit the defendant, Cross, to give evidence of the value of the use and occupation of the house; as he could only distrain upon a special agreement for a sum certain.