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7 Again, the Servian and quasi-Servian actions, the latter of which is also called 'hypothecary, are derived merely from the praetor's jurisdiction. The Servian action is that by which a landlord sues for his tenant's property, over which he has a right in the nature of mortgage as security for his rent; the quasi-Servian is a similar remedy, open to every pledgee or hypothecary creditor.
Armstrong is a plaguey sight more worried about the future than she is about the past. She has lived the past already, but she's got to live the future and pay the bills belongin' to it, and that's no triflin' job in futures like these days." Needless to say Jed Winslow did no speculating concerning his tenant's "past."
Say answers Buchanan, that the proprietor is not a monopolist, because a monopolist "is one who does not increase the utility of the merchandise which passes through his hands." How much does the proprietor increase the utility of his tenant's products? Has he ploughed, sowed, reaped, mowed, winnowed, weeded?
The absurdity of this system was well brought out before the Fry Commission, when one high-commissioner and a sub-commissioner both said that in valuing the land they took into consideration the tenant's occupation interest.
'It is Edward Springrove, my tenant's son. The inundation of colour upon the younger lady at hearing a name which to her was a world, handled as if it were only an atom, told Miss Aldclyffe that she had divined the truth at last. 'Ah it is he, is it? she continued. 'Well, I wanted to know for practical reasons.
The recollection of the years of hard work that had converted her little shop into a freehold, her old pride in having her title made out on parchment, the hurry she had been in to get it let, to go home by a particular ship, and the obstinate way in which her tenant's wife insisted on a right of purchase, and her own reluctant admission of the clause, thinking that as the house was not new, 250 pounds was an outside value for it, and now to think of its being such a kingdom.
"The husband, who until then had known nothing of their tenant's return, hearing the noise, came out of his room, and, seizing his wife by the arm, pulled her in and shut the door.
Mr Ewring only returned Wastborowe's uncivil farewell by a nod, as he walked up High Street towards East Gate. At the corner of Tenant's Lane he turned to the left, and went up to the Castle. A request to see the prisoner there brought about a little discussion between the porter and the gaoler, and an appeal was apparently made to some higher authority.
It is called an interdict for obtaining possession, because it is available only for initiating possession; accordingly, it is not granted to a person who has already had and lost possession. Another interdict for obtaining possession is that named after Salvius, by which the landlord gets possession of the tenant's property which has been hypothecated as a security for rent.
If a landlord remit the rent for one term, he deals more harshly with the tenant at the next; whatever surplus, if any, his former indulgence leaves in the tenant's hands, instead of being expended upon his property as capital, and being permitted to lay the foundation of hope and prosperity, is drawn from him, at next term, and the poor, struggling tenant is thrown back into as much distress, embarrassment, and despondency as ever.
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