# Brown for Lawson's Use v. Geo. Kite

> Tennessee Supreme Court · May 6, 1814 · 2 Tenn. 233

URL: https://www.frixlaw.com/law-library/cases/3896376

## Case

- **Full name:** Brown for Lawson's Use v. Geo. Kite.
- **Court:** Tennessee Supreme Court
- **Decided:** May 6, 1814
- **Citations:** 2 Tenn. 233
- **Precedential status:** Published
- **Opinion:** Opinion of the court by White
- **Judges:** White
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3896376

## Opinion text

White J.
(alone) delivered the following opinion.
This was an action founded upon a lease. The defendant has pleaded three pleas, in each of which, he has gone upon the idea that so soon as the lessee ceased to occupy the premises, it was lawful for him, the lessor, to re-enter and occupy them himself ; to each of these pleas, the plaintiff has filed a demurrer, and I am of opinion, each of those demurrers ought to have been sustained. By this lease, the defendant had parted with his interest in the premises for the term of seven years
;
the plaintiff was at liberty to occupy the land, or not, as he might choose for that period. At the expiration of the term, the lessee must pay the consideration stipulated, whether the lease was of benefit to him or not. Defendant ought not, therefore, to have violated his part of the agreement, by entering upon, and cultivating the premises, during the seven years for which they were leased.
Let the judgment be reversed, the demurrers sustained, and (as the intervention of a jury is. necessary) the cause be remanded for trial, to the circuit court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3896376. Public record. Not legal advice.