Sellers v. Sellers

Paul Sellers brought an action in trover against Tom Sellers to recover possession of twenty-two cords of pine pulpwood. The case proceeded to trial, and at the conclusion of the evidence the trial judge directed a verdict in favor of the plaintiff for $198. The defendant made a motion for new trial based on the general and three special grounds. This motion was overruled with the direction that the plaintiff write off $44 of the judgment, leaving a judgment for $154. With this direction the plaintiff complied, and the defendant excepted.

There was evidence that the plaintiff by parol…