Stafford v. Colonial Mortgage & Bond Co.

The suit was by landlord against tenant to recover a monthly instalment of rent.

The defense was rescission of the rental contract for fraud in its procurement.

The cause was tried without a jury. The trial judge made a special finding of facts under Code 1923, § 9500.

Appellee makes the point that such finding and judgment are not subject to review because the bill of exceptions shows no exception reserved thereto.

The case of Johnstone et al. v. O’Rear et al., 220 Ala. 219, 124 So. 743, relied .upon on this point, has been overruled by the later case of Browne v. Giger, ante, p. 176, 128 So.…