Surface v. Leffingwell

This was an action in replevin, brought by B. F. Surface, plaintiff in error, against John Leffingwell, defendant, for the recovery of personal property. The case was tried before the court and jury. At the close of the testimony the court discharged the jury and rendered judgment against the plaintiff for costs. The plaintiff filed a motion for a new trial, which was overruled, and he now presents the case to this court for review.

The defendant, prior to August 5, 1896, was the *320owner of the east half of section 13, township 1 south, range 2 west sixth p. m., upon which the plaintiff held a…