Poindexter v. . Call

This is a summary proceeding in ejectment, brought by the plaintiff, as landlord, against the defendant, as his tenant.

There are only two questions presented for our consideration:

1. Can a tenancy be terminated by a verbal notice to quit ?

2. Upon which party rests the burden to prove that the tenancy has come to an end?

First. The notice in this case was oral. The defendant contends that it should have been in writing, and for this he relies on Pell’s Eevisal, sec. 778, but that section applies to a different class of notices. In Vincent v. Corbin, 85 N. C., 108-111, it was held that a verbal…