McCown v. Johnson

BERRY, Justice.

For convenience, the parties will be referred to as they appeared in the trial court and by name.

The record in this case discloses that on the morning of December 21, 1961, at approximately 3:00 o’clock A.M., plaintiff George Johnson distrained . several trespassing head of livestock which he found in the yard around his house. Johnson recognized the cattle as belonging to defendant, V. McCown. That same morning he went to the McCown home, notified him of the situation and made demand on him for payment of the damages sustained to his property. McCown refused to pay any such…