Gedge v. Shoenberger
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The landlord’s lien is superior only when he asserts it within ninety days after the rent becomes due.
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Case 16 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The landlord’s lien is superior only when he asserts it within ninety days after the rent becomes due. (General Statutes, chapter 66, article 2, sections 11, 12 and 13; Revised Statutes, volume 2, chapter 56, article 2, sections lá and 15; English v. Duncan, 14 Bush, 378; Eisher v. Kollerts, 16 B. M., 406.) 2. The tenant’s agreement to pay taxes can not be construed as an agreement to pay them as rent. 'To the extent of one year’s rent the landlord’s lien is superior, provided he sue out his distress warrant within ninety days…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This is a contest for priority of lien between the owner of a mortgage given by a tenant upon property, which was at the time upon the rented premises, upon the one hand, and the landlords to whom *92rent is owing which accrued subsequent to the execution of the mortgage, upon the other.
To one of the landlords the rent was payable-semi-annually, and to the other, quarterly; but, notwithstanding this fact, they insist that, under the-statute, they have a superior lien for one year’s rent, having sued out their distress warrants within ninety days from…
2Cited by8 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- Perrin & Smith Printing Co. v. Cook Hotel & Excursion Co.Missouri Court of Appeals · 1906
- Knight v. OrchardMissouri Court of Appeals · 1902
- McManus v. Fair Shoe & Clothing Co.Missouri Court of Appeals · 1895
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