Legal Opinion

Reece v. Leslie

Supreme Court of Arkansas

Decided October 21, 1912PublishedCited by 8 opinions

Appeal from Searcy Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Appellees brought suit in unlawful detainer against appellants for the possession of a certain storehouse in the town of Marshall. The facts' substantially are that W. A. Lindsey, at the time the owner of the property, in July, 1910, rented it to appellants, who went into possession thereof on August 1, 1910, and were to pay rent therefor at the rate of $25 per month.

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Appeal from Searcy Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Appellees brought suit in unlawful detainer against appellants for the possession of a certain storehouse in the town of Marshall. The facts' substantially are that W. A. Lindsey, at the time the owner of the property, in July, 1910, rented it to appellants, who went into possession thereof on August 1, 1910, and were to pay rent therefor at the rate of $25 per month. On December 15, 1911, Lindsey gave appellants written notice, in proper form, to vacate the property on January 1, 1912, and afterwards sold and…

1Opinion of the Court

Kirby, J.,

(after stating the facts). The uncontradicted testimony shows that appellants were to pay rent from month to month, and, if theirs was a tenancy by the month, it was necessary, in the absence of an agreement between the parties for a different time, that appellants should have thirty days’ written notice to terminate it, the notice ending with a monthly period. Stewart v. Morrell, 65 Ark. 471; Frizzell v. Duffer, 58 Ark. 612.

The testimony is in conflict as to whether or not a shorter time was agreed upon for the giving of notice, the appellee and its grantor claiming that it was…

2Cases cited2 opinions

  1. Frizzell v. DufferSupreme Court of Arkansas · 1894
  2. Stewart v. MurrellSupreme Court of Arkansas · 1898

3Cited by8 opinions

  1. Peel v. LaneSupreme Court of Arkansas · 1921
  2. Gregory v. WalkerSupreme Court of Arkansas · 1965
  3. Cellars v. StateSupreme Court of Arkansas · 1948
  4. Coley v. WestbrookSupreme Court of Arkansas · 1944
  5. Dillon v. MillerSupreme Court of Arkansas · 1944

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