Smith v. Sharp
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; A. P. Agee, Judge. Suit for unlawful detainer by G. B. Sharp against D. G. Smith. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Calhoun County ; A. P. Agee, Judge. Suit for unlawful detainer by G. B. Sharp against D. G. Smith. Prom a judgment for plaintiff, defendant appeals. The notices to terminate tenancy and demanding possession are as follows: “To D. G. Smith: You will take notice that your tenancy of the following lands belonging to me, and which you hold udder me, as my tenant, is hereby terminated, the termination to take effect on the 31st day of December, 1922, and that I will expect you to surrender to me possession of same within ten days after the said 31st day of December,…
1Opinion of the CourtMiller, J.
This is a suit for an unlawful detainer of land commenced on January 12, 1923, by G. B. Sharp against D. G. Smith in the justice of the peace court. There was judgment for the plaintiff, and the defendant appealed to the circuit court. In the circuit court the defendant pleaded general issue, and statute of limitations of three years under section 4272, Code 1907. To the plea of statute of limitations the plaintiff replied that the defendant “pending and within the time pleaded as a bar to the cause of action in this case has recognized the tenancy from the plaintiff, by paying or promising…
2Cases cited10 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Eddins v. Galloway Coal Co.Supreme Court of Alabama · 1921
- Hymes v. StateSupreme Court of Alabama · 1923
- Matthews v. FarrellSupreme Court of Alabama · 1903
- Westbrook v. FultonSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937
- Speer v. Lancaster-Johnson Lumber Co.Supreme Court of Alabama · 1925
- Bradley v. NeillSupreme Court of Louisiana · 1932