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5 Del. 59

Crawford v. Wright

Superior Court of Delaware

Decided July 5, 1848

Superior Court of Delaware · decided 1848-07-05

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

Decided 1848-07-05

¶1 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.

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

¶3 Verdict for defendant.

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