Stoddard

This action was brought by plaintiff as administratrix for the recovery of a large number of articles of personal' property of the estate of plaintiff’s intestate, which the defendants are alleged to have taken possession of and conveyed away, and for damages in double the value of the property so taken. Judgment was rendered in favor of plaintiff for the recovery of a portion of the property described in the complaint, or the value thereof, found to be $287.50, and for the further sum of $287.50 (being double damages) and for costs. This appeal is from the judgment and order denying defendants’ motion for a new trial.

Among the articles which the complaint charges the defendants with having taken was a lot of tools. Deceased is alleged to have been the owner of said tools. Plaintiff intro duced evidence tending to show that deceased was in possession of said tools up to the time of his death. The witness Franks testified in cross-examination that deceased, while in possession of the tools, told him that the tools belonged to deceased.

The defendant Mary E. Newhall is the mother of deceased. She testified that the tools belonged to her, and that deceased was employed by her as…