Weber v. Hartman

Beck, O. J.

Chancellor Kent defines estrays as “cattle whose owner is unknown.” 2 Kent’s Com. p. 359. Blackstone says: “Estrays are such valuable animals as are found wandering in any manor or lordship, and no man knoweth the owner thereof; in which case the law gives them to the king as the general owner and lord paramount of the soil, in recompense for the damage which they may have done therein.” 1 Blackstone’s Com. *297.

*14Our statute provides that “no person shall take up an estray animal except in the county where he resides and is a householder, nor unless the same be found in the vicinity of…