Miller v. Gable

The appellee and appellant were lessee and owner in possession of adjoining pasture lands, along the dividing line of which was a fence.

The appellant found appellee’s cattle depasturing his land, and took them damage feasant, whereupon appellee replevied his cattle, and declared against the appellant in such action on two counts, the one for the wrongful taking, the other for the wrongful detention of twenty-one head of cattle, the property of appellee. To these counts appellant pleaded respectively non cepit and non detinet, and issue was joined thereon. Appellant also justified the taking…