It is insisted for appellant that the judgment of eviction in July, 1902, terminated, the tenancy existing, and severed the relation of landlord and tenant between the parties, and that the lease became merged in the judgment of eviction, and that thereafter he was a tenant by sufferance, and that under the statute the appellee was required to give him 30 days’ notice to vacate the premises before the right accrued to institute a forcible detainer proceeding.. The parties did not in express terms agree that the lease should remain in force and the judgment of eviction should be rendered ineffectual; still the payment by the appellant of past due rents and rent to accrue to December 25, 1902, and by -the agreement *417of the parties that the traverse was to he dismissed, the parties ini effect agreed that the judgment of eviction was set aside and no longer in force and the appellant continued to hold the premises under the lease. Her right to have the judgment executed ceased, and by the acceptance of the rent to December 25, 1902, she* waived the forfeiture of the lease.