Minor v. Hicks, 5 Div. 280.

• Decision Date: 21 April 1938
• Docket Number: 5 Div. 280.
• Citation: 235 Ala. 686,180 So. 689
• Parties: MINOR v. HICKS.
• Court: Alabama Supreme Court

180 So. 689

235 Ala. 686

MINOR v. HICKS.

5 Div. 280.

Supreme Court of Alabama

April 21, 1938

Appeal from Circuit Court, Chilton County; Arthur Glover, Judge.

Action of unlawful detainer by R. A. Hicks against Newt Minor. From a judgment for plaintiff, defendant appeals.

Affirmed.

J. B Atkinson, of Clanton, for appellant.

A. B Foshee, of Clanton, for appellee.

BROWN Justice.

This is an action of unlawful detainer by the appellee against appellant to recover possession of "twenty acres of land more or less together with the buildings thereon situated on the North side of Oak Street in the Town of Thorsby, Chilton County, Alabama, and known as the Charles A. Peterson home place."

The plaintiff had judgment in the justice of the peace court, and defendant appealed to the circuit court, where the case was submitted on a stipulation of fact; the trial resulting in a judgment for the plaintiff.

The stipulation is that Hicks, the appellee, let the property to the defendant, Minor, in December, 1935, or the first part of January, 1936, "for the year of 1936 at and for the sum of one hundred and fifty dollars ($150.00) rent, and that no time was specified in the rental contract when Newt Minor was to surrender the possession of said leased land to the said R. A. Hicks; that the said Newt Minor went into possession of same during all the year 1936, and up until the 5th day of January, 1937, as tenant of the said R. A. Hicks. That no notice was given to defendant Newt Minor, by R. A. Hicks either oral or in writing prior to January 5th, 1937 terminating the defendant's possessory interest as tenant of said property. That on the 5th day of January, 1937, R. A. Hicks mailed to defendant Newt Minor by registered letter with return receipt requested," notice to vacate the property, which was received by him more than ten days before the suit was instituted, and said defendant failed and refused to surrender possession of the premises.

The contention of appellant is that he was entitled to notice terminating his tenancy, and, in the absence of such notice, he is not liable in an action of unlawful detainer under section 8001 of the Code 1923.

Where by the terms of a lease, the tenancy is for a specific period of time, the expiration of the time terminates the tenancy, and in such case only the notice required by section 8001 is required. Code 1923, § 8826; Brown v. Baker, 220 Ala. 45, 124 So. 87; ...