Lyons v. Deppen
Court of Appeals of Kentucky
Case 50 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The lien created in favor of the landlord on personal property which his tenant has taken to the leased promises remains as a security for the rent as long as the tenant occupies, whether the rent accrued under the lease existing when the property was taken upon the premises or under a renewal.
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Case 50 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. The lien created in favor of the landlord on personal property which his tenant has taken to the leased promises remains as a security for the rent as long as the tenant occupies, whether the rent accrued under the lease existing when the property was taken upon the premises or under a renewal. Therefore, the landlord’s lien, even for rent accruing under a renewal of the lease, is superior to that •of a mortgagee whose mortgage was executed while the original lease was in force. (Gen Stats., chap. 66,…
1Opinion of the Court
OHIBE JUSTICE LEWIS
delivered the opinion oe the court.
Tlie question in this case is about construction of sections 12 and 13, ^article 2, chapter 66, General Statutes, as follows:
“§ 12. All valid liens upon the personal property of a lessee, assignee or under-tenant, created before the property was carried upon the leased premises, shall prevail against a distress warrant or attachment for rent. If such lien be created whilst the property is on the leased premises, and on property upon which the landlord hath a superior lien for his rent, then, to the extent of one year’s rent, whether the…
2Cases cited1 opinion
- English v. DuncanCourt of Appeals of Kentucky · 1878
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- People's Trust Co. v. OatesCourt of Appeals for the Fourth Circuit · 1934