Osborne v. Kimball

The opinion of the court was delivered by

Johnston, J.:

Ransom Osborne and Ira Kimball are, and for several years last past have been, owners of adjoining farms *188in Butler county, where the herd law of 1872 is in force. On April 19, 1886, Osborne’s cattle to the number of about 56, which were being fed on his farm, strayed upon the adjoining premises of Kimball, and there ate and destroyed quite a number of shocks of corn belonging to Kimball. Kimball at once took possession of the cattle, and claimed the right under the herd law to hold them until the damages which they had done were paid. On…