Kentucky River Navigation Co. v. Commonwealth
Court of Appeals of Kentucky
Case 45 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. There are hut two modes by which the lease can he annulled or rescinded: 1. By forfeiture, as provided in section 6 of act of February 24, 1869 (1 Sess. Acts 1869, p. 42), under which the lease was made; 2. “Upon one year’s notice” and payment to the lessees the “full and fair value,” etc., as provided in section 12 of said act.
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Case 45 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. There are hut two modes by which the lease can he annulled or rescinded: 1. By forfeiture, as provided in section 6 of act of February 24, 1869 (1 Sess. Acts 1869, p. 42), under which the lease was made; 2. “Upon one year’s notice” and payment to the lessees the “full and fair value,” etc., as provided in section 12 of said act. Having failed in the attempt to forfeit the lease in the former suit (12 Bush, 8), the state is restricted by said act to the single remedy by giving one year’s notice and payment, as prescribed in said…
1Opinion of the CourtChief Justice Lindsay
In the case of the Kentucky River Navigation Company v. *437Commonwealth, decided by this court March 9, 1876, and reported in 12 Bush, page 8, the only question presented was, whether the company had forfeited its rights under the lease of August 26, 1869, on account of its failure to proceed with reasonable diligence and dispatch to complete the nine locks and dams agreed to be constructed, in addition to the improvements theretofore made by the state. The condition of forfeiture relied on by the Commonwealth was to the effect that if the lessees should fail for sixty days after the award of…
2Cases cited1 opinion
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
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