Wilkes v. Dixie Cotton Co.

The action is in trover, brought by Buthie M. and Walter Wilkes, as executors of John Wilkes, against the Dixie Cotton Company, to recover 16 bales of lint-cotton. The case was referred to an auditor, who reported, that the plaintiffs, on December 10, 1911, sold the cotton described in the petition to one E. M. Lott, upon a cash consideration; that Lott gave to the executors in payment for the cotton a draft, which was never paid; that Lott sold the cotton to the defendant; that one of the executors, acting for both, sold the cotton to Lott at nine cents per pound, and to the aggregate amount…