Witherspoon v. Blewett

Citations

• 47 Miss. 570

Syllabus

<p>1. Trover and conversion — demand of property, — In trover, if the original taking of the goods was tortious, no demand is necessary; but if they came to defendant’s possession from plaintiff or a third party, and are merely detained, a demand and refusal of delivery is necessary before suit.</p> <p>2. Same — refusal.—Unqualified refusal, where defendant has it in his power to deliver, though not of itself a conversion, is evidence of it; but a qualified refusal — upon reasonable grounds — as where defendant doubts the ownership or authority of the demandant, is not conversion or evidence of it. The defendant, however, will be held to good faith in the reasons he assigns for refusal to deliver.</p> <p>3. Evidence. — The restriction against a party testifying in his own behalf against the estate of a deceased person in a case involving over $50 (Code of 1857, p. 510, art. 190; Code of 1871, § 758), is limited to cases arising before the death of deceased, and does not apply to controversies arising with administrators.</p> <p>4. Construction. — The court gives to a statute an interpretation broader than its words, because demanded by its spirit, reason and intendment.</p> <p>5. Proof of conversion by demand and refusal, — A refusal to deliver on demand is not evidence of conversion unless such refusal be absolute and positive.</p>