Ex Parte Nottingham

The primary issue in this petition for mandamus is whether a leasehold interest in real property is considered real or personal property. Specifically, the question is whether the proper venue of an action in which a leasehold interest is the primary subject of the controversy is solely in the county where the leased property is located.

Petitioner asks us to direct the trial judge to withdraw and vacate his order transferring this case from Dale to Coffee County.

FACTS

On December 26, 1984, respondent C.H. B., Inc., an Alabama corporation doing business in both Dale and Coffee Counties, and…