Legal Opinion

Stone v. Bohm Bros.

Court of Appeals of Kentucky

Decided November 30, 1880PublishedCited by 2 opinions

Case 28 — EQUITY APPEAL PROM BOURBON COMMON PLEAS COURT. 1. Section 13, article 2, chapter 66, General Statutes, gives the landlord a superior lien on the tenant’s property, specified therein, against all persons whatsoever, whether they be creditors or purchasers.

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Case 28 — EQUITY APPEAL PROM BOURBON COMMON PLEAS COURT. 1. Section 13, article 2, chapter 66, General Statutes, gives the landlord a superior lien on the tenant’s property, specified therein, against all persons whatsoever, whether they be creditors or purchasers. If this provision was not intended to change the law as it stood before its adoption, and the character of the lien from what it was under the acts of 1811,1828, and 1843, it is a.useless provision, because the landlord, by other provisions, has the same right he had under the old acts referred to. The substitution of the word…

1Opinion of the Court

-JUDGE HARGIS

delivered the opinion op the court.

The appellant, Stone, rented his farm to Ware for the .year 1876, the rent .to become due March 1, 1877.

In July, 1876, Ware removed two hundred bushels of wheat from the premises, and sold it to Neeley & Gass, who ■paid to him the price o.f it, except $96.10, which was on the •day of sale garnisheed in their hands by the appellees, Bohm Brothers & Co., to secure a debt due them from Ware.

Two days thereafter appellant Stone sued out an attachment for the rent to become due, and had it levied on the wheat, which was in -the possession of Neely &…

2Cases cited5 opinions

  1. Craddock v. RiddlesbargerCourt of Appeals of Kentucky · 1834
  2. Snyder v. HittCourt of Appeals of Kentucky · 1834
  3. Burket v. BoudeCourt of Appeals of Kentucky · 1835
  4. Niblo v. Post's administratorsNew York Supreme Court · 1840
  5. Rhodes v. CobbCourt of Appeals of Kentucky · 1836

3Cited by2 opinions

  1. Day's Extrx. v. Traders' National BankCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Monarch v. DeanCourt of Appeals of Kentucky · 1882

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