Myers v. Marcus

Court of Appeals of Kentucky

Myers v. Marcus

10 Ky. Op. 887, 1 Ky. L. Rptr. 416, 1880 Ky. LEXIS 457

DecidedNovember 23, 1880

StatusPublished

This text of 10 Ky. Op. 887 (Myers v. Marcus) 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

Myers v. Marcus, 10 Ky. Op. 887, 1 Ky. L. Rptr. 416, 1880 Ky. LEXIS 457 (Ky. Ct. App. 1880).

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Opinion

Opinion by

Judge Cofer :

A lease for years is only a chattel (see Sec. 13, Chap. 21, Gen. Stat.; Wilgus v. Commonwealth, 9 Bush 556), and although in the name of the wife (not being expressed to be for her separate use) is as much the property of the husband as any other chattel acquired in her name.

The leasehold being the property of the husband the improvements upon it are his also, and whether the judgment be right or not it does not affect her property rights, and as she alone appeals, it must be affirmed.

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Opinion by

Judge Cofer :

A lease for years is only a chattel (see Sec. 13, Chap. 21, Gen. Stat.; Wilgus v. Commonwealth, 9 Bush 556), and although in the name of the wife (not being expressed to be for her separate use) is as much the property of the husband as any other chattel acquired in her name.

The leasehold being the property of the husband the improvements upon it are his also, and whether the judgment be right or not it does not affect her property rights, and as she alone appeals, it must be affirmed.

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Bluebook (online)

10 Ky. Op. 887, 1 Ky. L. Rptr. 416, 1880 Ky. LEXIS 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-marcus-kyctapp-1880.

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