Opinion
7 Div. 57.
January 22, 1920.
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge.
Isbell, Scott Downer, of Ft. Payne, for appellants.
Counsel insist that the evidence is different from that presented on former appeal, and that therefore the court erred in following the same, but they cite no authorities. They insist that the appellant should not have been taxed with the costs. 2 Port. 414; 59 Ala. 535.
A. E. Hawkins and J. A. Johnson, both of Ft. Payne, for appellee.
This cause should be affirmed, on the authority of the former appeal, reported in 81 So. 660.
This is the second appeal in this case, and the legal questions were considered and settled upon the former appeal, and the present decree seems to have been in conformity therewith. 202 Ala. 684, 81 So. 660.
It is chiefly urged upon the present appeal that the trial court erred in requiring the appellant Wooten to account for the rent for the appellee's 40 acres for the year 1916, and in taxing the said appellant with the costs. We think that the evidence fully justified the action of the trial court in this respect, and the decree of the circuit court is affirmed.
Affirmed.
SAYRE, GARDNER, and BROWN, JJ., concur.