
    Martin Schenck against J. Vannest and C. Vanderveer.
    ON CERTIORARI.
    Rent claim-tenant’s goods
    THIS suit was originally brought before a justice of Peace> and judgment given for the plaintiff. The defendant appealed to the Common Pleas of Somerset, where the judgment was affirmed : and it was removed into this court by certiorari. The facts appeared to be as follows. John C. Kelly, had, by a parol agreement, rented of the plaintiff, for three years, a tenement in Somerville, at the yearly rent of 80 dollars, -payable quarterly; the possession commencing in April 1815. The first quarter’s rent fell due July 15,1815, and was paid. Kelly being indebted to M’Donald and Latourette, confessed a judgment in their favour for 700 dollars, which was entered in April 1815, and execution *delivered to the plaintiff in certiorari, as sheriff of Somerset, on the 10th of June. He made a levy on the goods of Kelly, on the day he received the execution, and on the 22d of September, sold the goods. The second quarter’s rent became due the 15th of October; and bn the day of the sale by the sheriff, Vannest and Vanderveer gave a notice, in writing, to the sheriff and to Latourette, that rent was due, and that before the sale of the goods, Kelly had left the premises. The sheriff did not pay any rent to Vannest and Vanderveer, and they brought suit against him.
   By the Court.

No rent was actually due. Pat. 164-The quarter had not expired. The sheriff was not bound to pay any thing to the landlord, The judgment must be reversed. 
      
       Nix. Dig. 490, $ 4. See also Central Bank vs. Peterson, 4 Zab. 668. Kirkpatrick vs. Cason, 1 Vr. 331. Ayers vs. Johnson, 2 Hal. 119. Peacock vs. Hammitt, 3 Gr. 165.
      
     