Chitty's Treatise on Pleading and Parties to Actions Volume 1; With Second and Third Volumes Containing Modern Precedents of Pleading and Practical Notes (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1844 Excerpt: ...quarterly, to wit, on &c. stating the quarterly days' in each and every year (h); and because a large sum of money, to wit, the sum of of the rent aforesaid, for the space of one quarter of a year of the said time, ending on &c. became and was due and in arrear to the said Sir C. B. deceased, in his lifetime, and continued so in arrear and unpaid until and at the time of the death of the said Sir C. B. and from thence until and at the said time when &c. continued in arrear from the plaintiff to the said C. J. B. as such executor as aforesaid, and because the plaintiff remained in possession of the said dwelling-house in which &c. from the death of the said Sir C. B. until the said time when &c. the defendant as bailiff of the said C. J. B. as such executor as aforesaid, well acknowledges the taking of the said goods and chattels in the said declaration mentioned, in the said dwelling-house in which &c. and justly &c. as for and in the name of a distress for the said rent so due and in arrear as aforesaid, and which said rent still remains due, in arrear and unpaid. And this, &c. Verification as ante, 292, and conclude with a prqfert of the letters testamentary, as ante, vol. ii. 78, and then insert a cognizance for rent due to executor as a devisee h his own right, not stating the derivative character, if there be any ground for such a cognizance. Avowry by one Commencement of avowry as ante, 291. Because he says, that he the monror'rent1" pla'nt'ff- fr a lng space of time, to wit, for the space of next before and ending on the day of, A. D., and from thence until and For Rent, &c. due to liim. (i) (/) This plea held good, see 3 Moore, 608; 1 B. & B. 279, S. C.; 8 Taunt. 159; 2 Moore, 48; 4 Moore, 409...