152 So. 44 | Ala. | 1934
This is an action of unlawful detainer under section 8001 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,
As we understand, this was not a suit upon an instrument in writing so as to make the same admissible in evidence in the absence of a sworn plea denying the execution of same. It is an action for the recovery of the premises, and the trial court erred in admitting the rental contract in evidence without proper proof of the execution of same over the objection of the defendant.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
GARDNER, BOULDIN, and FOSTER, JJ., concur.