Murphy v. Allerton

Barnard, J.:

The complaint asks for the delivery to the plaintiff of “ one cow,” which the defendant has become possessed of and-wrongfully detains from the plaintiff.

*651The defendant William Watts makes three defenses:

1st. That he has no knowledge that plaintiff was the owner of one cow.

2d. A general denial.

3d. That defendant, under chapter 811 of the Laws of New York, passed May 9, 1867, took into his possession “a certain red cow,” which was ordered sold under that statute.

The plaintiff demurs to this last defense for the reason that it does not state facts sufficient to make a defense.

The…