Moody v. Jacobs

The trial was had without a jury on complaint and special pleas — among others, No. 7 — and resulted in judgment for plaintiff. Material testimony was'given ore tenus. The register had put in bank at interest funds deposited with that official for redemption of mortgage. Hackett v.. Cash, 196 Ala. 403, 72 South. 52; Andrews v. Grey, 199 Ala. 152, 74 South. 62; Gray v. Handy, 204 Ala. 559, 86 South. 548. However, since the evidence is without conflict, there is no occasion for the application of the rule stated in the cited cases.

It is provided that, if any official named in the statute…