Ross v. Gray Eagle Coal Co.
Supreme Court of Alabama
Unlawful Detainer. Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by the Cray Eagle Coal Company against George Ross. From a judgment for plaintiff, defendant appeals. The court erred in rendering judgment for the plaintiff.
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Unlawful Detainer. Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by the Cray Eagle Coal Company against George Ross. From a judgment for plaintiff, defendant appeals. The court erred in rendering judgment for the plaintiff. A notice to quit for failure to pay rent is not sufficient to determine the bolding if it requires the tenant to deliver the premises forthwith. — Oakes v. Monroe, 8 Cush. 282. It requires two notices. — McDevitt v. Lambert, 80 Ala. 588; Walker v. Sharpe, 14 Ala. 48; Prindle v. Anderson, 19 Wend. 32; Wade on Notice, sec. 611; Taylor’s Landlord &…
1Opinion of the CourtMcCLELLAN, J.
The appellee, the landlord, brought this action of unlawful detainer against the appellant, the tenant, to restore the possession of a tenement house. The rental contract was “by the month for the rental sum- of |6 per month, under the agreement that one-half of said sum should become due and payable at the expiration of every two weeks thereof.” It was, in writing, agreed in the cause “that, if the court shall hold that the words of said notice are not sufficient in law to terminate said relation of landlord and tenant, then it shall render judgment for the defendant; but, if the court shall…
2Cases cited1 opinion
- McDevitt v. LambertSupreme Court of Alabama · 1886
3Cited by11 opinions
- Garrett v. ReidSupreme Court of Alabama · 1943
- Myles v. StrangeSupreme Court of Alabama · 1932
- Hart v. ColemanSupreme Court of Alabama · 1915
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Burleson v. Town of HamiltonSupreme Court of Alabama · 1925
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