Soares

Plaintiffs sought damages in the sum of $540 for the alleged conversion of twelve heifers. Defendant denied the conversion and alleged by way of affirmative defense that he had taken up the heifers and had subsequently caused the sale of the same pursuant to the provisions of the Estray Act. (Deering’s Gen. Laws, Act 387.) Upon a trial by the court sitting without a jury, defendant had judgment and from said judgment plaintiffs appeal.

Several points are raised by appellants but we do not believe that all of said points require extended discussion. Two of the main contentions are, first, that the heifers were not estrays within the meaning of the Estray Act and, second, that there was no competent evidence to show a compliance by the respondent within the provisions of said act.

With respect to the first contention appellants concede that the heifers had left the ranch of appellants and were trespassing unattended upon the adjoining ranch of respondent at the time they were taken up. It is claimed, however, that the heifers were not estrays as their owner was known to respondent at the time. Conceding that the ownership was known, we are nevertheless of the opinion that said…