Simmons v. Benson

This is an action in replevin brought by plaintiff, Nile Benson, .against Fred Simmons, and Boyd Vantine, as sheriff of Cotton county, to recover five steers which it is alleged the defendants wrongfully hold in their possession. The defendants filed general denials by way of answers. The case was tried to the court without a jury and at the conclusion of all the evidence the trial court rendered judgment for plaintiff for the possession of two of the animals he sought to recover, he being unable to identify the other three. Defendants appeal.

From the record it appears that defendant Simmons…