Stone v. Matthews , 1 Lock. Rev. Cas. 307 ( 1799 )

But the Court of Errors held, that the judgment was erroneous, and a resolution was offered and passed on the reversal, as follows : “ Resolved, that property of boarders at taverns and boarding-houses, is not liable to distress for rent although such property is not in their possession, but in the possession and actual use of the tenant, by their permission, and without the consent of the landlord.”

This resolution was adopted by a vote of 15 to 7.

95= The question arose under the statute 2 R. S. 413, 2d Ed. § 15, which excepts from distress the property of boarders at taverns and boarding-houses. The Supreme Court held that this exception embraced only the “ property in use by him as a boarder.”