Crawford v. Wright — 5 Del. 59

Majority

p. 59

ALEXANDER B. CRAWFORD vs. RICHARD WRIGHT.

Headnote

Upon a distress for rent, and replevin, the value of the rent in kind may be found by the jury; and it is not necessary to have appraisers.

Digest 362; Code 424, § 2360, refers to a distress and sale without replevin.

This was an action of replevin for a carriage, &c. The pleas were non cepit, and cognizance as bailiff of James Martin, for a half year’s rent in arrear from plaintiff to said Martin. Replication, no rent in arrear; non dimisit; non tenuit.

The plaintiff proved the taking of a carriage; and closed. The defendant proved that the premises were rented as a stable, for the manure' as the rent; and proceeded to prove the value of the manure.

Platt and Gray, for plaintiff.

Bayard, jr., for defendant.

Mr. Gray

objected to any other proof of the value of the manure, than that furnished by the appraisers under section 2 of the act of 1829, (Digest 361.)

But the court overruled the objection; considering that provision as applicable only to a mode of ascertaining the rent upon a sale of the distress, without replevin.

The jury are to ascertain the amount of the rent, or value, when the rent is in kind.

Verdict for defendant.