Bates v. Courtwright

This is an action of trespass for distraining and carrying away a quantity of growing corn. It appeared in evidence that the appellant distrained the corn for rent which he claimed to be due him from the appellees; and that the proceedings to enforce the distress resulted in their favor. While these proceedings were pending, the appellant caused the corn to be harvested.

The appellant, in mitigation of damages, offered evidence to show that afterwards, and. before the commencement of the present suit, a portion of the corn was levied upon and sold under, and the proceeds applied upon, an…