
    Whitley vs. Alston et al.
    
    1. Where complaint for land was brought, and a recovery had against tenants in possession, the fact that their landlord, with their knowledge and acquiescence, employed counsel to move for a new trial, which was done in the name of the tenants, does not render the motion that of the landlord, so as to make it illegal.
    2. The grant of 'a new trial was right under the facts of this case.
    Jackson, Chief Justice.
     