Fisher v. Kollerts
Court of Appeals of Kentucky
APPEAL FROM LOUISVILLE CHANCERY COURT. The facts of the case are stated in the opinion of the Court. Rep. Argued : 1. That a landlord cannot under any circumstances distrain for rent which has been due more than six months. (Rev. Stat., Title Landlord and Tenant, sec. 11.) 2. As against a mortgagee or other Iona, fide lien holder, he cannot distrain for rent which has been due more than four months.
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APPEAL FROM LOUISVILLE CHANCERY COURT. The facts of the case are stated in the opinion of the Court. Rep. Argued : 1. That a landlord cannot under any circumstances distrain for rent which has been due more than six months. (Rev. Stat., Title Landlord and Tenant, sec. 11.) 2. As against a mortgagee or other Iona, fide lien holder, he cannot distrain for rent which has been due more than four months. (Rev. Stat., Title Landlord and Tenant, sec 14.) 3. That as against such lien holder, he can distrain only certain property of the tenant — that is to say, the produce of the premises occupied by…
1Opinion of the CourtChief Justice Marshall
On the 23d day of August, 1854, Kollerts, then occupying a business house in Louisville, under alease from Stilwell, mortgaged to Mrs. Fisher, to secure a debt of $600 due twelve months afterwards, besides a few articles of household furniture, the fixtures ia his store, and all his stock of cloth and ready-made clothing therein. On the 6th of October, 1855, Mrs. Fisher filed her petition claiming said debt of $600, and $150 in addition, and referring to the mortgage, and upon the averment that Kollerts was about to sell and dispose of his property with the fraudulent intent to cheat, hinder,…
2Cited by1 opinion
- Williams v. WoodCourt of Appeals of Kentucky · 1859