Hursh v. Starr

This was an action of replevin to recover the possession of twenty head of cattle. The plaintiff claimed absolute ownership. The defendant *9admitted possession in himself, but justified under a writ of execution and denied the ownership of plaintiff. Upon the trial, the plaintiff offered evidence tending to show, and it does in fact show, prima facie, that he was the owner of the property, and that he demanded it from the plaintiff before bringing the action. It was developed, however, upon cross-examination, that at the time the levy was made in the first instance, the plaintiff gave to the…