Ex Parte McFry

The petition, answer, exhibits, and the respective arguments of counsel show that only a question of cost is involved in the decision that is now sought.

After the court overruled the respondent’s demurrer (Ex parte McFry, 218 Ala. 21, 117 So. 464) to the petition, the respondent filed an answer setting up the final decree rendered on the 30th day .of June, 1928, ip, the proceeding in the circuit court, by O. L. Stewart against the petitioner et al., to. adjust the several or rival claims of the parties to the property involved in the claim suit described in petitioner’s petition for mandamus.…