Phillips v. Crow

The appellee, Crow, sued appellants, Phillips and Irby, for conversion of 29 head of stock cattle, an'd in the alternative for possession of said cattle and damages on accqunt of their wrongful taking arid detention by defendants. The defendant Irby denied that he had taken possession of said cattle with any intention of converting them, but alleged that such possession was taken for the purpose of preventing their trespassing on his premises and destroying his crops. He pleaded that plaintiff’s field adjoined this defendant’s, and that the defendant had between them a fence sufficient to…