Smith v. Lydick

The plaintiff recovered judgment against the defendant, in an action of claim and delivery, for the value of a mare and colt. On appeal to the Fifth District Court the judgment was affirmed, and the defendant appeals to this court.

It is contended that the court below erred in giving and refusing instructions, and more particularly in refusing the instructions, asked for by the defendant. It is not denied that an actual possession, which is a lawful one, is evidence of title as against any one who does not show a better title; but it is insisted, on the part of the defendant, that there was…