
    CONSTITUTIONAL COURT, CHARLESTON,
    MAY, 1806.
    Horan’s Executors v. Ley.
    The defendant cannot set up by way of discount to an action of trover by an executor, a right to detain the thing sued for, on the ground that the testator died at his house in possession of the thing in question, and that the defendant is intitled to compensation for his care, trouble and expenditures about the testator.
   Trover.

Tried in Charleston, before Bay, J. The plaintiff’s testator, it appeared, having certain merchandize at the house of defendant, fell sick there and died. The defendant refused to deliver up the goods to the executors, until satisfied for a debt due to him by testator, and for nursing and attending him in his last sickness; whereupon, this action was brought, to defeat which defendant set up the above claim by way of discount, which the court refused to admit.

The motion in this court was for a new trial: and Bailey, in support of the motion, contended, that the discount ought to have been allowed s But the court unanimously held the contrary.

New trial refused.  