Legal Opinion

Caperton v. Stege

Court of Appeals of Kentucky

Decided March 17, 1891PublishedCited by 5 opinions

Case 66 —TRAVERSE— APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Only an express contract could secure to Stege the right to remain after his term expired. (Gen. Stat., chap. 66, art. 1.) 2, This was a summary proceeding for forcible detainer, and the sole question in such proceeding is the right of possession at the time the writ issues. The title is not in issue.

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Case 66 —TRAVERSE— APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Only an express contract could secure to Stege the right to remain after his term expired. (Gen. Stat., chap. 66, art. 1.) 2, This was a summary proceeding for forcible detainer, and the sole question in such proceeding is the right of possession at the time the writ issues. The title is not in issue. (Civil Code, sec. 452; Jones v. Overton, 4 Bibb, 534; Taylor v. White, 1 Mon., 37; Maddox v. Helm, 5 Litt., 185; Childs v. Stevens, 3 Mar., 340; Smith v. White, 5 Dana, 382; Penny v. Skirvin, 9 B. M., 238; Dils v. Justice, 10 Ky.…

1Opinion of the Court

JUDGE BEHNETT

btsltvbhkd tiw. opinion op this court.

James Guthrie leased to the appellee a vacant lot of ground .in the city of Louisville for the term of twenty years, the lease -expiring on the tenth day of June, 1887. By the agreement, appellee had the privlege of erecting improvements on said lot at any time during the lease, and to remove the same from the lot on the expiration of the lease. About two or three weeks, perhaps more, before the lease expired, the appellants, one of whom is the daughter of said Guthrie, and the other her husband, notified the appellee that he would not be…

2Cited by5 opinions

  1. Davidson v. Crump Manufacturing Co.Michigan Supreme Court · 1894
  2. Fellows v. JohnsonAppellate Court of Illinois · 1913
  3. Cone v. Western Trust & Savings BankCalifornia Court of Appeal · 1937
  4. Getzendaner v. ErbsteinAppellate Court of Illinois · 1950
  5. Getzendaner v. ErbsteinAppellate Court of Illinois · 1950

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