Robelen & Co. v. National Bank

Citations

• 15 Del. 346

Syllabus

<p>Landlord and Tenant. Distress.—A landlord may distrain personally upon the goods of his tenant, to recover rent, or he may empower a bailiff to do so for him.</p> <p>Same.—If the goods of a stranger are upon the demised premises at the time the distraint is levied, the bailiff may-take the same and sell them.</p> <p>Same.— But if, before the distraint is levied, the stranger having property upon the demised premises, removes that property off those premises, it is then no longer subject to a lien for rentiand cannot be followed.</p> <p>Same. Highway.—The pavement or street in front of a house is not of such a nature as to be demised to the tenant by the landlord, and a stranger’s goods placed thereon are severed from the demised premises, and in such case they cannot be taken under a landlord’s distress warrant.</p> <p>Evidence.—Where there is such a diversity of testimony that it cannot be reconciled by the jury, they are to take into consideration the relative positions of the parties with regard to the transactions, their connections therewith, their means of knowledge, the opportunities each had of best knowing and the interests of the parties; and give weight to that testimony, which in their minds is the strongest.</p> <p>Landlord and Tenant.—The demised premises are the premises occupied by the tenant as delivered to him by the landlord to be used for specified purposes.</p>