Richmond & Lexington Turnpike Road Co. v. Rogers
Court of Appeals of Kentucky
Case 43 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. CITED 12 B. Monroe, 505, Rogers v. Wiggs. 4 Bush, 168, Worley v. Tuggle, &c. 1 Marshall, 388, Fox’s heirs v. Langley. 5 Littell, 94, McCampbell v. McCampbell. 4 Dana, 483, Chiles v. Jones. 2 Dana, 295, Jones v. Tipton. 9 Dana, 124, Johnson v. Beauchamp. 6 Johnson, 46, Smith v. Stewart. CITED Taylor on Evidence, 5th edition, page 1273. Starkie on Evidence, edition of 1869, page 237.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
This action was brought by Rogers against the Richmond and Lexington Turnpike Company to recover rent for the use and occupation of a house and lot during the year 1866. The petition does not allege an agreement upon the part of said company to pay rent for the premises in question. From the evidence it appears that the appellant acquired possession of the lot of land in 1837, under some kind of an oral contract; that it caused buildings to be erected thereon and a portion of the lot to be inclosed; and that it has controlled and used the same…
2Cases cited1 opinion
- Rogers v. WiggsCourt of Appeals of Kentucky · 1851
3Cited by13 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Usher's Ex'r v. FloodCourt of Appeals of Kentucky · 1886
- Backer v. Penn Lubricating Co.Court of Appeals for the Sixth Circuit · 1908
- Hinton v. Hinton'sCourt of Appeals of Kentucky (pre-1976) · 1931
- Ball v. Fulton CountySupreme Court of Arkansas · 1876
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