Legal Opinion

Zion Star Baptist Church v. Hart

Supreme Court of Alabama

Decided January 11, 1934No. 6 Div. 434PublishedCited by 2 opinions

1Opinion of the Court

ANDERSON, Chief Justice.

This is an action of unlawful detain-er under section S001 of the Code of 1923, and which, among other things, provides that a demand in writing must be made for the premises after a termination of the possessory interest. The making of this written demand is essential as a condition precedent to a recovery, and proof of same should be by the best evidence. Littleton v. Clayton, 77 Ala. 571; Bates v. Ridgeway, 48 Ala. 611; Dumas v. Hunter, 30 Ala. 75. The plaintiff attempted to prove the demand by stating he sent it by a colored boy in his office, but there was no…

2Cases cited3 opinions

  1. Littleton v. ClaytonSupreme Court of Alabama · 1884
  2. Dumas v. HunterSupreme Court of Alabama · 1857
  3. Bates v. RidgewaySupreme Court of Alabama · 1872

3Cited by2 opinions

  1. Merchants Nat. Bank of Mobile v. SteinerSupreme Court of Alabama · 1981
  2. Garrett v. ReidSupreme Court of Alabama · 1943

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