177 S.W.2d 891 | Ky. Ct. App. | 1944
Affirming.
By this appeal we are called upon to again review the judgment described, and, in all of its major particulars, approved in the case of Lewis v. Creech et al., Ky.,
It is urged, however, that even though our conclusions as to the applicable law were proper, the amount awarded appellee was excessive. It is pointed out that the rents collected by her were in excess of what the interest would have been on the amount which the Chancellor found represented the enhancement in value created by the improvements which she erected plus the amount paid by appellee for taxes. But it is not shown that the lot without the improvements had a rental value, much less, a rental value in excess of the interest on the purchase price of the lot plus the taxes thereon which appellee paid; and since the Chancellor did not allow appellee interest on any part of the claim, or reimburse her for the taxes paid, we can conceive of no principle of equity which would entitle appellant to any part of the theoretical profits derived by appellee as the result of expenditures made by her for improvements. Actually, she may sustain a loss, since the *548 amount awarded her by the Chancellor as representing the enhancement in value created by the improvements is substantially less than the improvements cost her. Her claim differs materially from that of Frazier, who derived the rents for which he was required to account from improvements erected prior to his purchase. Hence, the rents did not belong to him, but to the Bank; and in determining the amount necessary to make him whole, an accounting of the rents was proper. On the other hand, appellee, in equity, must be regarded as the owner of the improvements, which she would have been entitled to remove, if the removal could have been accomplished without injury to the lot.
Judgment affirmed.