United States Circuit Courts of Appeals Reports Volume 120 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...what is known as the Brookside Farm, consisting of about 400 acres lying adjacent to the property known as "Gaymont," it being the property to which we have referred as having been purchased by Kirkpatrick for McBride. It consists of a dairy farm on which is located a barn for the stabling of cows, a large number of milch cows, all the necessary equipment for dairy purposes, and other domestic animals. There is also said to be on this property 10 cottages, and a large cottage known as a hotel, containing a dining room and kitchen maintained for-the purpose of furnishing board to transient guests for charge who may from time to time visit the place as a summer resort. Soon after McBride acquired this property, Roger Kirkpatrick died, leaving his widow, Emma Jane Kirkpatrick, who went on the premises, and has been there continuously until-the present. It is alleged in the bill that her occupancy was by virtue of a tenancy from year to year, and that she had from time to time yearly leases from the said McBride on the buildings and personal property therein described. Among other things, she specifically denies that she "had for several years taken, from time to time, yearly leases from the said Leander McBride of the real property and the buildings heretofore referred to, and also the personal property hereinbefore referred to, including the machinery, tools, wagons, carriages, horses, cattle, chickens, and ducks referred to." And further denies that she procured in the spring of 1908 a lease from Leander McBride for the-term of one year to said property, and that, in consideration of the services rendered McBride in acquiring the property in question, the said McBride executed a lease for the premises to the said Kirkpatrick, containin...