Cherry v. . Whitehurst

This is an action in summary ejectment instituted before a justice of the peace under C. S., 2365 et seq., wherein the plaintiff alleges that the defendant was her tenant in possession of her real estate and holds over after his term has expired, heard de novo in the Superior Court upon defendant’s appeal.

The evidence tended to show that the defendant was the lessee of the plaintiff under a verbal lease from year to year, from the year 1929; that the term was from 1 January to 31 December of each year.

The defendant contends that the action should have been dismissed for the reason that it…