English v. Duncan
Court of Appeals of Kentucky
Case 38 — PETITION EQUITY APPEAL FROM HARRISON CIRCUIT COURT. Brief not in record. 1. The correctness of the judgment appealed from depends upon the construction to be given to sections 12 and 13 of article 2, chapter 66, General Statutes.
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Case 38 — PETITION EQUITY APPEAL FROM HARRISON CIRCUIT COURT. Brief not in record. 1. The correctness of the judgment appealed from depends upon the construction to be given to sections 12 and 13 of article 2, chapter 66, General Statutes. The words “ carried upon the leased premises” and “on the leased premises,” as used in said section 12, and the words “ owned by him after possession is taken under the lease,” refer to and limit the lien of the landlord as against a mortgage or sale made in good faith to the possession under a lease in force at the time the mortgage was made. As to the law…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
George Oneal rented of the appellant Ellen English a grocery-house in the town of Cynthiana, in which he placed a counter and other fixtures and began the business of a retail grocery merchant. The precise length of Oneal’s lease does not appear. He took possession of the house and erected the fixtures in September, 1873, and in the same month Oneal, to indemnify appellee Duncan as his security for about $600, executed a mortgage of his grocery-store and all the fixtures therein. Oneal retained the possession of this grocery-house as tenant of…
2Cited by2 opinions
- Louisville Woolen Mills v. TappCourt of Appeals for the Sixth Circuit · 1917
- Lyons v. DeppenCourt of Appeals of Kentucky · 1890