Pulliam v. Sells
Court of Appeals of Kentucky
CASE 39. — ACTION BY MARY SELLS, ETC., AGAINST FANNIE PULLIAM BY A WRIT OF FORCIBLE DETAINER.— Appeal from Daviess Circuit Court. T. F. Bikkhead, Circuit Judge. Judgment for plaintiffs. Defendant appeals..
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CASE 39. — ACTION BY MARY SELLS, ETC., AGAINST FANNIE PULLIAM BY A WRIT OF FORCIBLE DETAINER.— Appeal from Daviess Circuit Court. T. F. Bikkhead, Circuit Judge. Judgment for plaintiffs. Defendant appeals.. Our contention is: 1. That where property is rented by the month and the landlord obtains a writ of forcible detainer against the tenant upon which a trial is had in a proper court which results in favor of the tenant, that the trial is conclusive on the landlord until it is reversed. (Civil Code, sec. 468; Hamel v. Lawrence, 1 A. K. M'ar., 330; Mattox v. Helm, 5 Littell, 185; Pollard v.…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Affirming.
The appellees, Mary Sells and Annie Sells, being the owners in fee simple of a house and lot (called in this record a hotel) in Owensboro, Ky., leased the same to the appellant by the following contract in writing; “June 8, 1904. This contract made and. agreed to by and between Mrs. Mary Sells and Annie Sells, of the first part, and Mrs, Fannie Pulliam of the second part. 'Witnesseth: That the first party *312has, this day rented by the month their hotel building, on East Fourth street in Owensboro, Ky., to be used as a hotel, to the said Mlrs. Fannie…
2Cases cited1 opinion
- J. W. Reccius & Bro. v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1905
3Cited by6 opinions
- Belcher v. SomervilleCourt of Appeals of Kentucky (pre-1976) · 1967
- Sessmer v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Mattingly v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Evans v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1932
- Crawford v. Hargis Bank Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1931
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