Hutsell v. Deposit Bank of Paris
Court of Appeals of Kentucky
Case 66 — DISTRESS WARRANT APPEAL PROM BOURBON CIRCUIT COURT. (Brief not in the record:) 1. The reasonable and fair construction of section 2301 of the-Kentucky Statutes,, providing that a landlord may upon filing affidavit, etc., have a distress warrant issued, is that either such-landlord or any one to' whom the rent may be owing may be entitled to the remedy. 2, But without regard to the construction of that section the right of such assignee'to recover the rent by…
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Case 66 — DISTRESS WARRANT APPEAL PROM BOURBON CIRCUIT COURT. (Brief not in the record:) 1. The reasonable and fair construction of section 2301 of the-Kentucky Statutes,, providing that a landlord may upon filing affidavit, etc., have a distress warrant issued, is that either such-landlord or any one to' whom the rent may be owing may be entitled to the remedy. 2, But without regard to the construction of that section the right of such assignee'to recover the rent by distress is specifically given by section 2304 of the Kentucky Statutes.
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion op the court.
Mrs. Taylor leased to C. E. Wood her farm for the year-ending March 1, 1890, for $1,300, and the tenant, with three others as sureties, executed a note for that amount, due-*411March 1, 1896, payable to'Mrs'."Táyi'c*r; 3üd ñegdtiáblb-and'; payable at the Agricultural Batik of Paris. Befóte maturity’ Mrs. Taylor endorsed and assigned théhoíe’to' Irwin Taylor," who endorsed it to McClintbck, wiib discounted it tV the Deposit Bank of Paris:' In April) 1895, the"tenant,’with the consent of Mrs. Taylor, sublet the farm — or rather assigned the remainder…
2Cases cited2 opinions
- Castleman v. BeltCourt of Appeals of Kentucky · 1841
- Saunders v. MooreCourt of Appeals of Kentucky · 1878
3Cited by4 opinions
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
- Staton v. GuillebeauxSupreme Court of South Carolina · 1923
- Fuller v. RippieSupreme Court of Oklahoma · 1917
- Meyer Bros.' Assignee v. GaertnerCourt of Appeals of Kentucky · 1899