Cooper v. Gambill
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action of unlawful detainer by Cooper, for the use of Leishman, against Gambill. The facts are stated in the opinion of the court. The court erred in giving the general affirmative charge for the defendant. —0 McDevitt v. Lambert, 80 Ala. 536. The purchaser was the proper person to> give the notice.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action of unlawful detainer by Cooper, for the use of Leishman, against Gambill. The facts are stated in the opinion of the court. The court erred in giving the general affirmative charge for the defendant. —0 McDevitt v. Lambert, 80 Ala. 536. The purchaser was the proper person to> give the notice. The lessor could not have done so. — 38 A. & E. Ency. of Law (2nd Ed.) 305; Aydlett v. Pendleton,-114 N. C. 1; Swope v. HophUis, 119 Ind. 125; Reeder v. Sayre, 70 N. Y. 180; McDaniel v. Gallan, 75 Ala. 327.
1Opinion of the CourtWeakley, C. J.
This is an action of unlawful detainer, in which appellee was defendant in the circuit court. In the lease, under which he held possession of the property, he agreed with his lessor, H. D. Cooper, that, in the. event the. latter sold the residence, possession would be given, if required, within a reasonable length of time thereafter. In a few months the lessor sold the property to A. E. Leishman, for whose use this action was brought; and notice of the purchase was communicated to the defendant, within a few days, by the purchaser’s agents, who at the same time requested Mm to give possession…
2Cases cited4 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- McDevitt v. LambertSupreme Court of Alabama · 1886
- Dwine v. BrownSupreme Court of Alabama · 1860
- Aydlett v. . PendletonSupreme Court of North Carolina · 1894
3Cited by13 opinions
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Tarrant American Savings Bank v. Smokeless Fuel Co.Supreme Court of Alabama · 1937
- Hill v. HarrisSupreme Court of Alabama · 1913
- Whaley v. WynnSupreme Court of Alabama · 1922
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