Clark v. Stipp

Best, C.

In August, 1877, the appellees’ cattle trespassed upon the enclosed lands of appellant, damaged his crops, and were seized and held by him for the payment of his damages. Upon his refusal to deliver them until his damages were paid, the appellee replevied them before a justice of the peace, wheré he succeeded. On appeal the cause was submitted to the court and a judgment rendered for the appellees.

The only disputed question of fact, upon the trial, was whether the fence through which the cattle broke was a‘ ‘lawful fence.” The evidence was very conflicting, and, under these…