Hotopp v. Morrison Lodge, No. 76
Court of Appeals of Kentucky
Case 120 — Action to Compel Defendants as Joint Owners to Contribute in Repairing the Joint Property — APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal.
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Case 120 — Action to Compel Defendants as Joint Owners to Contribute in Repairing the Joint Property — APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. This controversy grows out of the fact that appellants, who are trustees of Hardin Academy, do not feel that they have the right or authority, and do not feel justified in going to an expense which is not necessary to the present needs of the school interest, simply to gratify the appellee herein by repairing this old building for its benefit. The court will see from the testimony that it is not worth repairing.…
1Opinion of the Court
Opinion op the court by
JUDGE WHITE
Reversing.
In 1844 the predecessors of appellants, trustees of Hardin Academy, obtained title to a lot of ground in Elizabethtown, and shortly thereafter agreed with appellee to, and they did, erect jointly a two-story brick building on the lot, with the agreement that the first story was to be used by the school, and the second story to be used by the lodge for their purposes. In 1848 an agreement .in writing was entered into, showing the rights of each party in the use of the premises. This contract seems to ha,ve been observed up till now. This writing does…
2Cited by2 opinions
- Crawford v. WiedemannCourt of Appeals of Kentucky · 1916
- Whitehead v. WhiteheadOrphan's Court of Delaware · 1935