A Compendium of the Law of Landlord and Tenant (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. 1871 Excerpt: ...excessive distress (e). It seems to be decided that a landlord who has distrained hay and straw prohibited by covenant from being carried off the premises, will render himself liable to an action for not selling at the best price, if he sells such distress subject to a condition that the purchaser shall consume it on the premises, by reason whereof it produces less than the usual price (/). The sale may, in general, be made either upon the Where sale demised premises, if the goods are impounded there, or ma e m at any other place. But corn, grain or hay (j/) must not be " removed by the person or persons distraining, to Stat. 2 Will. & the damage of the owner thereof, out of the place where Ijs6ss' c-5' the same shall be found and seized, but be kept there, Corn, &c. not as impounded, until the same shall be replevied or to 16 reniovedsold." Until the goods distrained are sold, the property in Property in them remains in the tenant (h), subject to the right of trained 's" the landlord to detain or sell them. The person distraining does not acquire even the possession of the cattle or things distrained (i). Where the goods distrained are of small value, the To whom sale appraisers sometimes take them at their own valuation, m8y mB e" a receipt written at the foot of the inventory being considered a sufficient discharge (A). But this practice is so obviously unjust to the tenant that it should not be adopted in any case where the goods can be profitably disposed of by public auction. The landlord must not take the goods at the appraised value. If he does, the transaction will not be considered as a sale, and the property in the goods will not be divested from the tenant or owner (Z); unless they belong to the tenant, and are so tak...