130 Ala. 575 | Ala. | 1900
On the submission of the cause in the first instance, no testimony was offered by the defendant and none noted as required by this rule, but complainants’ alone was offered and noted.
The register, on the execution of the reference ordered by said decree of April 25, 1898, reported to the court, that as directed by said decree, he allowed as a -credit on the mortgage sought to be foreclosed by complainants, the several items mentioned in said exhibit No. 2, attached t-o defendant’s answer, and, also, his finding in other respects, reporting as the result of his findings, that complainants’ mortgage -debt had been over-paid by $79.39. The -complainants, Yahn and Simmons, filed many exceptions to this report, and the defendant, Tatum, did not file any. At the ensuing term of the court, the cause was submitted again “for decree upon the references taken and held before the register * * * upon the executions thereto filed by the complainants.” We construe this submission as one for final decree in the cause, as well as upon the report of the register and complainant’s exceptions thereto. The court so treated it, and proceeded to render a final decree in the -cause, confirming the register’s report in its allowance of said credit of $901.91, and one of the other two credits allowed by him, and disallowing the other, and as thus corrected, the report was confirmed. The court for itself
The decree is reversed on tbe cross-appeal and tbe cause remanded. Tbe appellant in tbe main appeal and the appellee in tbe cross-appeal, A. P. Tatum, will pay tbe costs of tbe appeals. It is further ordered that tbe appellant in tbe main appeal take nothing by his appeal.
Reversed and remanded.