Under the evidence disclosed in the bill of exceptions, the note, the foundation of the action, was without consideration.—Williams v. Sims, 22 Ala. 512; Beall & Co. v. Ridgway, 18 Ala. 117. The court below, therefore, erred in the charge given, and in its refusal to charge as requested.

The judgment is reversed, and the cause remanded.