Smith v. Smith

COOPER, Judge.

This is an appeal from a judgment for the appellees, plaintiffs below, declaring two leases to be forfeited. At issue is whether the trial court acted correctly in so determining. On review, we affirm.

The facts giving rise to this litigation are as follows: In February of 1968, Leonard 0. Smith, Sr., by two separate yet related leases, leased to his son, James H. Smith, a 524-acre tract of land in Bullitt County, Kentucky. Prior to and subsequent to execution of such leases, the land was being operated as a commercial dump. By their terms, the leases were for 30 years with a…