Carpenter v. Going
Supreme Court of Alabama
Ereos to tbe Circuit Court of Greene. Tried before tbe Hon. Jobn D. Pbelan. 1. Tbe action of trover is an equitable action, and tbe defendant bas a right to give in evidence any fact or facts which will show that the plaintiff ought not to recover full damages. ■Strong v. Strong, 6 Ala. Rep. 845; Plevin v. Henshall, 10 Bing. 24, (25 E. C. L. R. 17); McGowen v. Young, 2 S. & P. 160,170, 171; Baldwin v. Porter, 12 Conn.
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Ereos to tbe Circuit Court of Greene. Tried before tbe Hon. Jobn D. Pbelan. 1. Tbe action of trover is an equitable action, and tbe defendant bas a right to give in evidence any fact or facts which will show that the plaintiff ought not to recover full damages. ■Strong v. Strong, 6 Ala. Rep. 845; Plevin v. Henshall, 10 Bing. 24, (25 E. C. L. R. 17); McGowen v. Young, 2 S. & P. 160,170, 171; Baldwin v. Porter, 12 Conn. Rep. 473; Sedg--wick on Dam. 519. 2. An .executor de son tort has a right to give in evidence, in mitigation, tbe payment of tbe bona fide debts of tbe deceased, so as to reduce…
1Opinion of the CourtDargan, C. J.
This was an action of trover, brought by Alfred E. Going, as administrator de bonis non of Thomas Woolfolk, deceased, against Thomas Carpenter, to recover damages for the conversion of a slave, which belonged to the decedent'at the time of his death. The defendant, for the purpose of mitigating the damages, offered to prove the following facts: Thomas Woolfolk, before his death, executed his last will and testament, whereby he appointed his wife executrix, and made her his sole legatee during her widowhood. After his death, the widow proved the will, which was admitted to probate, but did not…
2Cases cited1 opinion
- Saam v. SaamSupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- Stagg v. GreenSupreme Court of Missouri · 1871
- Keith & Son v. HamSupreme Court of Alabama · 1890
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Seibold v. RogersSupreme Court of Alabama · 1895
- Kelley v. CasselsSupreme Court of Alabama · 1933
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