Money paid by mistake, may be recovered •back on a count for money had and received.—Rutherford v. McIvor, 21 Ala. 750; Walker v. Meek, 39 Ala. 568.

The facts testified to by plaintiff, and not disputed by defendant, made a clear case of estoppel against the defendant, and fully justified the charge given.—1 Brick. Dig. 796, §§ 9, 10, 11; Morris v. Hall, 41 Ala. 510.

Affirmed.