Ogden v. Lucas

This was an action brought by Ogden against Lucas, for trespass to personal property. The jury found a verdict for the defendant, on which j udgment was rendered.

The first error assigned is upon overruling the demurrer to the fifth additional ¡ilea, as it is termed by counsel. That plea is to so much of the declaration as charges the defendant with wrongfully taking certain rails, and it sets up that the rails were borrowed from the plaintiff by one Holt, and by him built into a fence and corn-bin, on a certain piece of land which Holt occupied as a tenant of one Lucas, from whom the…