1787-12-03 (static/transcriptions/1787/12/019.jpg)
stronger than this. viz Trover agt Executor de son tort –
On genl Issue tho’ the goods had come unlawfully to his hands yet it was held that if the Deft had fairly paid away the whole in a course of Admon the Plf shod be nonsuited.
If Plf has a right to demand the val of these goods yet Trover is not the proper remedy. We cannot meet him on fair ground unless in a suit in Equity; on accot of our not having the books.
These goods not appearing