Loth & Haas v. Carty
Court of Appeals of Kentucky
Case 73 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. Prior to the act of 1843, the tenant by mortgaging his property upon; the leased premises could defeat the landlord’s lien upon the mortgaged property for all rent due or to become due.
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Case 73 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. Prior to the act of 1843, the tenant by mortgaging his property upon; the leased premises could defeat the landlord’s lien upon the mortgaged property for all rent due or to become due. (Beckwith v. Bent, Duval, &c., 10 B. M., 96; 2 Dana, 204; 3 J. J. M., 432 ; 4 Dana, 22.) 2. The landlord’s rights under the statute are purely legal — not equitable, and under the statute, as it now exists, the landlord does not acquire a lien as against a mortgagee or any other person, unless he sues out his attachment or distress warrant within…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op tiie court.
The lease of W. A. Yarty of the store-house of the appellee M. E. Carty began May 1, 1882, and ended May 1, 1888, at one thousand dollars per annum rent, payable monthly. It was paid to June 1, 1882, so that of the unpaid rent the first installment became due on July 1, 1882. On July 7, 1882, the tenant mortgaged to the appellants, Loth & Haas, his entire stock of merchandise then upon the leased premises, and the mortgage by its terms included .“all goods that may hereafter be added to said stock.”
James Gallahue, as one of Yarty’s creditors,…
2Cases cited3 opinions
- Ross v. Wilson, Peter & Co.Court of Appeals of Kentucky · 1869
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