Stephenson v. Ferguson

The appellant sued the-appellee for the recovery of the possession of four milch cows.

Issues formed were tried by the court, the finding and judgment being in favor of the appellee. The appellant’s motion for a new trial was overruled.

The appellant was the owner of the cattle. They were confined in a securely fenced pasture on his farm. Some *231unknown person or persons, without the knowledge or consent of the appellant, in the night of the 17th of August, 1889, threw down a portion of the fence by which the pasture was enclosed, and thereby released the cattle, which, the same night, wandered…