Trumpler v. Bemerly

The only question deemed necessary to consider, upon the view we have taken of this case, is whether the title or right of property in plaintiff to the sheep, lambs, etc., described in the complaint was divested and passed to the vendor of defendant by virtue of proceedings had under the Act of April 27, 1863, applicable to Tolo County, entitled “An Act concerning estrays in certain counties in this State.” . (Stats. 1863, p. 697.) This statute, as all others prescribing modes by which a party may be divested of his property without his consent, must be strictly construed; and a party…