Hungerford v. . Haviland , 1 N.C. 655 ( 1793 )

I take this distinction. For a Heriot custom, one cannot distrain, for the lord has the best beast, by the death of the tenant, and if anyone takes it, he shall have trespass. But it is otherwise of a relief due by custom. Postea, pp. 694, 721; Jones, 132; Bendl., 180; 3 Bulstr., 323; 2 Keb., 677.