Eklund v. Toner

This is an action of replevin for two milch cows and a heifer. The plaintiff recovered, and defendant brings error. In an action of trespass between the same parties, damages were recovered for the defendant’s seizure of the .cattle, which he attempted to justify in this case. The trespass was considered in this court, and is reported in 121 Mich. 687 (80 N. W. 791). The defense in this case is that the cattle were seized damage feasant, while trespassing on defendant’s land, *303and he offered testimony tending to establish this claim. The plaintiff gave testimony tending to show that the…