Smith v. Scanlan
Court of Appeals of Kentucky
Case 69 — DISTRESS FOR RENT APPEAL FROM CHANCERY DIVISION OF JEFFERSON CIRCUIT COURT. The sub-tenant, Seanlan, being liable for Smith and wife for rent at the time of the purchase of the leasehold by him under .execution his purchase enured to the benefit of Smith and wife and he became liable to them for rent.. Taylor, Landlord & Tenant, sees. 124, 180, 705-6. 1. The evidence not being in the. record is presumed to sustain the judgment of the court below.
Read the full summary
Case 69 — DISTRESS FOR RENT APPEAL FROM CHANCERY DIVISION OF JEFFERSON CIRCUIT COURT. The sub-tenant, Seanlan, being liable for Smith and wife for rent at the time of the purchase of the leasehold by him under .execution his purchase enured to the benefit of Smith and wife and he became liable to them for rent.. Taylor, Landlord & Tenant, sees. 124, 180, 705-6. 1. The evidence not being in the. record is presumed to sustain the judgment of the court below. Terrell v. Rowland, 86 Ky., 756; Huffaker v. National Bank of Monticello, 13 Bush, 649; Bowman v. Holloway, 14 Bush, 428. 2. A tenant has…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion oe the court.
Appellant W. C. Smith leased of John Caperton and wife for ten years from January 1, 1880, a lot of ground on Ninth street in Louisville, Ky. He then sublet the property to appellee, Jerry Seanlan, for a term ending in the year 1888, with the option to continue the lease two years longer. After this, on March 15, 1887, he assigned his leasehold to his wife, the appellant M. S. Smith, as is alleged, without consideration when he was insolvent, and for the purpose of defeating his creditors. In July following, Ainslie, Cochran & Co. caused an…
2Cases cited4 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Nellis v. LathropNew York Supreme Court · 1839
- Camley v. StanfieldTexas Supreme Court · 1853
- Daniel v. McHenryCourt of Appeals of Kentucky · 1868
3Cited by1 opinion
- Moore v. BrandenburgCourt of Appeals of Kentucky (pre-1976) · 1930