Davis v. Simma

Plaintiff sued before a justice, claiming damages for the wrongful taking of his property, to wit: one steer, from his possession. The answer, controverted all the allegations of the petition.

On the trial, a witness was introduced by plaintiff, who stated that his premises adjoined those of plaintiff, that the steer in question was taken from his premises by defendant. Plaintiff then asked if his cattle were on the lands of witness, averring that he wished to show possession and prima facie ownership. To this witness answered that plaintiff’s as well as the cattle of other persons were on his…