Speer v. Smoot
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Unlawful detainer by Emma L. Smoot against L. E, Speer and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Unlawful detainer by Emma L. Smoot against L. E, Speer and others. Judgment for plaintiff, and defendants appeal. Testimony for plaintiff tended to show that she let the property to Speer in the year 1903 or 1904 from month to month, and that Speer occupied until Janu’y 1, 1907; that the rent was paid by Speer up till November 6, 1906; that J. M. Smoot was the agent of appellee and her son, and had the collecting of her rent and the managing of her business; that about 10 days before November 1, 1906, he gave to Speer,…
1Opinion of the Court
McCLELLAN, j.
Unlawful detainer. Granting, as plaintiff insisted below, that the tenancy was from month to month, with the payments so payable, the plaintiff should not have been accorded a judgment, because the two notices necessary to enable her to maintain the action were not given the defendant. — McDevitt v. Lambert, 80 Ala. 536, 2 South. 438; Boss v. Gray Eagle Coal Co., 155 Ala. 250, 46 South. 564. These two essential (unless waived) notices are: “First, to terminate the tenancy, the possessory right, which must be equal in length to the intervals between payments; and, second, the…
2Cases cited2 opinions
- McDevitt v. LambertSupreme Court of Alabama · 1886
- Ross v. Gray Eagle Coal Co.Supreme Court of Alabama · 1908
3Cited by6 opinions
- Garrett v. ReidSupreme Court of Alabama · 1943
- Myles v. StrangeSupreme Court of Alabama · 1932
- Hancock v. MaurerSupreme Court of Oklahoma · 1924
- Southland of Alabama, Inc. v. JULIUS E. MARXSupreme Court of Alabama · 1976
- In Re MooreUnited States Bankruptcy Court, N.D. Alabama · 2003
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