White v. Wiggins

The bill seeks to .set off one legal demand against another, and is not maintainable in the absence of some equitable ground of protection against the payment of the respondent’s demand. — T. C. and D. R. R. Co. v. Rhodes, 8 Ala. 221. The ground of equity alleged is the insolvency of the defendant, and that is sufficient if it be established.

[2.] In determining whether the defendant’s insolvency is established, we must inquire whether the answer can be regarded as admitting it, and if not, whether it is proved by the witnesses.

The allegation of the bill is, “ that the said Richard W. Wiggins…