Bourne v. Bourne
Court of Appeals of Kentucky
Case 41 — PETITION EQUITY APPEAL PROM OWEN CIRCUIT COURT. 1. The presumption of law is that the parties contemplated that the grantee should be entitled to receive to his own use all'the rents accruing after the execution and delivery of the deed.
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Case 41 — PETITION EQUITY APPEAL PROM OWEN CIRCUIT COURT. 1. The presumption of law is that the parties contemplated that the grantee should be entitled to receive to his own use all'the rents accruing after the execution and delivery of the deed. (Gen. Stats., chap. 24, sec. 3 ; Epperson v. Blakemore, 2 Bush, 242; Casey v. Gregory, 13 B. M., 507; Breeding’s Heirs v. Taylor’s Heirs, 13 B. M., 481.) 2. It was not competent to prove that the rents for the ensuing year were, by a parol agreement, reserved by the grantor. (Epperson v. Blake-more, 2 Bush, 242; 13 B. M., 507; Idem, 481; 4 Dana,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
March 22, 1887, appellee, L. 0. Bourne, sold and conveyed to appellant, J. M. Bourne, a tract of laud, for description of which a Commissioner’s deed to J. M. Bourne and deed from J. M. to L. 0. Bourne were referred to, the. consideration as recited being the amount due on the land.
It appears that appellee had previously leased designated parts of the land for the year 1887 to different tenants, each of whom had agreed to pay him as rent stipulated portion of crops raised by him, except one who was to pay a sum of money as rent of the dwelling…
2Cases cited2 opinions
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Epperson v. BlakemoreCourt of Appeals of Kentucky · 1867
3Cited by6 opinions
- Walker v. AmesCourt of Appeals of Texas · 1921
- Willard v. HigdonCourt of Appeals of Maryland · 1914
- Bjornson v. RostadSouth Dakota Supreme Court · 1912
- Gibbons v. Joseph Gibbons Consolidated Mining & Milling Co.Supreme Court of Colorado · 1906
- Hall v. BarnardSupreme Court of Iowa · 1908
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