Pierce v. Hosmer

By the Court,

Talcott, J.

This is an action known as an action of replevin. The facts were agreed upon. *346The plaintiff’s horse was trespassing upon the premises of the defendant; whereupon the defendant took him into his possession as a trespasser about 8 o’clock A. me., and as such detained him, on the same premises. The plaintiff demanded .the horse of the defendant about noon. He refused to deliver the horse, upon the ground that he was detaining him as a trespasser, and in the afternoon of the same day the plaintiff commenced this suit.

[Fourth Department, General Term, at Buffalo, January 7,…