Alsaga

The action here is in claim and delivery. Judgment passed for the defendant and the plaintiff appeals therefrom, on the judgment-roll alone.

The complaint is based on a transaction between the plaintiff and one J. F. Swan in which the former sold to the latter eight head of horses “at an agreed price of $510,” of which amount Swan paid the plaintiff $150 in money, “leaving a balance of $360,” for the satisfaction of which the said Swan “agreed to sell and deliver to plaintiff on the last day of April, 1917, six head of cows, but instead of delivering said cows to plaintiff as so agreed, J. F. Swan sold said cows to one Charles F. Hart, who now has the possession of all of said cows and wrongfully withholds the possession of all said cows, against the consent of plaintiff. ’ ’ Then follow the usual allegations in an action in claim and delivery that the plaintiff demanded of the defendant, Hart, possession of said cows, and that the defendant still “unlawfully withholds and detains said cows from the possession of this plaintiff, to his damage in the sum of $360.” The prayer is for the recovery of the possession of said cows, or, in case delivery of such possession cannot be had,…