Benningfield v. Kerr

(after stating the facts as above). The statute required freeholders to be appointed to hear evidence to determine whether the mule had trespassed on Johnson’s land as charged by him or not, and- “to ascertain [quoting] the damages, if any, occasioned thereby, and the fees due the taker-up of the stock py reason of said trespass.” Article 7251. The requirement was not complied with. The statute required, further, that notice thereof as in constables’ sales of personal property should be given before a sale of the mule was made by the officer. Articles 7252, 7253. It appears that this…