18 Johns. 1
Decided May 15, 1820
New York Supreme Court · decided 1820-05-15
BY virtue of a fieri facias, issued on a judgment in favour of the plaintiff against the defendant, who was tenant of a house owned by T. Parcells, and which he had leased to one William Dean, under whom the defendant took possession, the sheriff of New-York, on the 12th of July, 1819, levied on the goods and chattels of the defendant on the premises.
Decided 1820-05-15
¶1The landlord had a lien on the, goods for the quarter’s rent due on the 1st of May, 1819, previous to the levy of the execution. But he is not entitled to demand of the sheriff the rent which subsequently accrued, while the goods remained on the premises, in the sheriff’s possession. The rule, therefore, must be for the sheriff to pay to Parcells, the landlord, the rent due on the 1st of May, 1819.
¶2Rule accordingly.