
    GENERAL COURT,
    MAY TERM, 1802.
    Kirwan vs. Raborg.
    If Á purchases stills of B & pays liimthe purchase money, and B afterwards takes the stills in possession the proner remedy is trover, and A cannot support assumpsit sgainst B to recover back the .purchase money
    On paying costs a party may amend from assumpsit to trover
    Assumpsit for money had and received. The evidence was, that the plaintiff bought of the defendant certain stills, for which he paid him 400 dollars. That the defendant afterwards took possession of the same stills, and then had them in his possession. This ac-lion was to recover back the money paid.
    
      Harper, for the plaintiff,
    had leave to amend, on. paying the whole costs which had accrued in the. action down to and including the present term.
    
      Scott, for the defendant, objected to the form of action.
   The Court. The action is not well brought, it' should be trover.  