The decisions of this court, in the cases of McArthur v. Carrie’s Adm’r, 32 Ala. 75; Milton v. Haden, 32 Ala. 30; Lawson v. Lay, 23 Ala. 377; and Gantt v. Phillips, 23 Ala. 275, are conclusive in favor of the correctness of the charge given by the circuit court;- and on the authority of those decisions, the judgment of the court below is affirmed.
Stone, J., not sitting.