Alexander v. Gardner
Court of Appeals of Kentucky
Case 73. — FORCIBLE DETAINER PROCEEDINGS BY R. A. & H. G. GARDNER AGAINST WILLIAM ALEXANDER.— Appeal from Magoffin Circuit Court. J. J. C. Bach, Special Judge. Judgment for Plamtiffs. Defendant appeals. The Appellees writ of forcible detainer, should have been dismissed, as Alexander entered under a verbal or parol contract, and so occupied the buildings for three years. See 10th Ky.
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Case 73. — FORCIBLE DETAINER PROCEEDINGS BY R. A. & H. G. GARDNER AGAINST WILLIAM ALEXANDER.— Appeal from Magoffin Circuit Court. J. J. C. Bach, Special Judge. Judgment for Plamtiffs. Defendant appeals. The Appellees writ of forcible detainer, should have been dismissed, as Alexander entered under a verbal or parol contract, and so occupied the buildings for three years. See 10th Ky. Reporter, Page 547. The relation of landlord and tenant did not exists between the Appellee and Appellants, no rent was to be paid or provided for or secured to be paid, in any form whatever. (Goldsberry v.…
1Opinion of the Court
Opinion by
John D. Carroll — Commissioner,
Affirming.
In 1901 title appellees sold and conveyed to appellant by deed duly acknowledged all the timber and trees on a tract of land described in the conveyance— the deed providing that the grantee sbonld have all tbe rights of way and privileges over and upon the land usually extended to lumbermen including the right to erect tramways, cabins, buildings, and machinery necessary for the manufacture and removal of timber; and provided that the timber was to be removed within three years form May 1, 1901, and that all refuse, timber, barns, houses,…
2Cases cited1 opinion
- Heywood v. FulmerIndiana Supreme Court · 1892
3Cited by6 opinions
- Stubblefield v. JonesCourt of Appeals of Texas · 1921
- Columbia Ry., Gas & Electric Co. v. JonesSupreme Court of South Carolina · 1922
- Rayonier, Incorporated, E. W. Cone and Ed Jackson v. James C. Bryan and William L. BryanCourt of Appeals for the Fifth Circuit · 1957
- Matter of Daben Corp.District Court, D. Puerto Rico · 1979
- Pinnell v. WoodsCourt of Appeals of Kentucky (pre-1976) · 1938
1 more not listed; retrieve them via the Exa API.