Rogers v. Davis

This is replevin for a cow, commenced before a justice of the peace. At the trial anew in the circuit court, on the defendant’s appeal, the testimony tended to show that the defendant, one day, sent word to the plaintiff to-come and take away his cow, which the defendant had tied up in his field for trespassing. On the next morning, at about seven o’clock, the plaintiff went over, and finding his cow tied to a tree in the defendant’s field, demanded that the defendant release her and turn her loose. The defendant answered that he would not do so, unless the plaintiff would promise to keep her…