Fannin v. Trotter

In a recent case from the Pike circuit court we recognized the right of counsel by written agreement to limit the issues of fact to be considered as entering into the judgment to be rendered. Morgan v. Watkins, 214 Ala. 671, 108 So. 561.

And in deciding the question of fact where the.evidence is not given ore tenus, this court will weigh de novo the evidence given in chancery case, and give judgment as is deemed just. Code 1923, § 10276; Hodge v. Joy, 207 Ala. 198, 92 So. 171; Wade v. Miller, 208 Ala. 264, 93 So. 905.

Under the pleading, the burden of proving the* loan to Fannin and Sneider on…