Fraser v. Davie
Fraser v. Davie
Opinion of the Court
In this case the Court is satisfied with the result of the case below. They do not, however, regard Chancellor Johnston’s decree as res adjudicata: it was merely authority, on the question tried, and was to have that weight which the Judge below thought its reasoning was entitled to.
There is no evidence, whatever, that the defendant entered into the contract by mistake, or even ignorance of the law. Until he proved these facts, the legal presumption is, he knew every thing necessary to make his contract valid.
That rent to be paid in any thing susceptible of valuation is the subject of distress cannot be denied.
This being so, there is no cause of complaint: for the distress replevied was equal to the rent arrear. This the jury have found.
The motion is dismissed.
Motion dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.