Hatch v. Marsh

' The question upon which this case turns, is, whether appellant Smith owned or possessed the cattle, within the meaning of the statute. That he intended to acquire a lien, and that Hatch intended to and did give him a lien on the cattle, rve think is clear. But does that, of itself, create a liability on the part of Smith ? The act of 1867, Sess. Laws, 169, provides, that it shall not be lawful for any person to bring into this State, or own, or have in possession, any Cherokee or Texas cattle. The second section imposes a penalty, and provides that such person shall pay all damages that may…