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Martin v. Martin

Kentucky Court of Appeals
878 S.W.2d 30 (Ky. Ct. App. 1994)



J. Garis and Peggy Martin (plaintiffs) owned an undivided one-eighth interest in a tract of land. The interest had been conveyed to Garis by his father Charles Martin. Charles and his wife Mary (defendants) owned a life estate in the remaining undivided seventh-eighths interest in the land, with remainder to Garis and Peggy. In 1982, Charles built a four-lot mobile home park on the property and rented it out. Garis and Peggy moved their mobile home onto one of the lots in 1990. They paid no rent for the lot, and contributed no funds for the maintenance of the lots. Nonetheless, that same year they filed suit to gain one-eighth of the net rent that Charles and Mary received from the lots. The trial court concluded in its ruling that Garis and Peggy were required to pay reasonable rent to Charles and Mary for the lot that their home occupied. Garis and Peggy appealed this part of the ruling.

Rule of Law


Holding and Reasoning (Johnstone, J.)

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