Smith v. Newman

Opinion op the Court by

Judge Carroll

Affirming’.

In July, 1909, the appellant Smith purchased a tract 'of land at a-sale made under a decree of the Jessamine circuit court. At the November term, 1909, the sale was confirmed. In March, 1909, the land sold was rented by the then owner for the year ending March, 1910. The question presented by this appeal is, whether or not the appellant is entitled to the rent that accrued from the date of the confirmation until the expiration of the rental contract. No mention of the lease or reservation of rent or possession was made either in the pleadings,…