Bonner v. Johnson's Trustees

Court of Appeals of Kentucky

Bonner v. Johnson's Trustees

6 Ky. Op. 13, 1872 Ky. LEXIS 388

DecidedDecember 4, 1872

StatusPublished

This text of 6 Ky. Op. 13 (Bonner v. Johnson's Trustees) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bonner v. Johnson's Trustees, 6 Ky. Op. 13, 1872 Ky. LEXIS 388 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Lindsay:

Testing the question by the rule laid down' by both Kent and Taylor (4th Vol. Kent Com. 112; Taylor, Landlord and Tenant, Sec. 59), it seems to us perfectly manifest that the tenancy in this case was a tenancy from year to year. The fact that the rent was payable by the month is not itself sufficient to show that there was an agreement, either express or implied, that appellants were to hold the leased premises as tenants at will.

Hagan- & Du-pey, for appellants. Pirtle & Caruth, for appellees.

This being the sole question submitted to us for adjudication the judgment of the Court of Common Pleas, must be affirmed.

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Opinion by

Judge Lindsay:

Testing the question by the rule laid down' by both Kent and Taylor (4th Vol. Kent Com. 112; Taylor, Landlord and Tenant, Sec. 59), it seems to us perfectly manifest that the tenancy in this case was a tenancy from year to year. The fact that the rent was payable by the month is not itself sufficient to show that there was an agreement, either express or implied, that appellants were to hold the leased premises as tenants at will.

Hagan- & Du-pey, for appellants. Pirtle & Caruth, for appellees.

This being the sole question submitted to us for adjudication the judgment of the Court of Common Pleas, must be affirmed.

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Bluebook (online)

6 Ky. Op. 13, 1872 Ky. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonner-v-johnsons-trustees-kyctapp-1872.