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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grant v. Collins, 157 Ky. 36 (1914)

Citation
Grant v. Collins, 157 Ky. 36 (1914)
Parent Document
Grant v. Collins, 157 Ky. 36 (1914)
Jurisdiction
Kentucky (state)
Effective Date
1914-01-21

Full Text

1,364 chars
In Brown v. Samuels, 24 R. 1216, Samuels leased to Brown certain premises “for the period of five years with the privilege of five years more.” The court after pointing out the distinction taken between a privilege to renew the lease and the privilege of an additional term, held that Brown by remaining in possession exercised his privilege of five years, more, and could not be dis*39possessed under a writ of forcible detainer. . Bnt the question as to what would be the rights of the parties if the lease had conferred on the lessee the privilege to renew the lease, was not before the court in that ease; as under all the authorities, the tenant by remaining in possession under “the privilege of five years more,” had exercised his option to keep the property. ■ In the subsequent case of Kentucky Lumber Co. v. Newell, 32 R., 396, the lease was for a period of five years “with privilege of renewal from year to year at the same rent per annum as long as second party may want said land.” The tenant had remained in possession of the property for several years after the expiration of the five year period paying the rent as stipulated in the lease, and having failed to make one payment at the time specified in the lease by a mistake of one of its officers, the owner of the property undertook to dispossess it. Stating the law.of the ease the court said: