Trammell v. Mallory Bros. & Co.

Mallory Brothers & Company brought an action of bailtrover against J. W. Trammell, to recover an engine, boiler, and cotton-gin, and hire for the same. At the first term the defendant-tendered to the plaintiff the property sued for, and filed an answer disclaiming title thereto, and alleging that the property was worth nothing for hire, that no demand for the property had been made upon him prior to the filing of the suit, and setting up facts showing that there had been no conversion. Upon the trial the defendant insisted that, in view of his tender and disclaimer of title at the-first term,…