Reis

pro tem. — The plaintiff alleges in his complaint that on a certain day he and the defendant were the owners as tenants in common of a certain stallion named. He alleges that defendant has sold the stallion for one thousand five hundred dollars and has not accounted to him for any part thereof, and asks judgment against him for $750.

The defendant, by his answer, denies that plaintiff ever owned any interest in the stallion and alleges that he was the sole owner thereof.

The court found that plaintiff was not, and never had been, the owner of any interest in the stallion, and made findings and judgment in favor of the defendant.

The appeal is taken solely on the ground that the evidence is insufficient to support the findings.

It appears that the plaintiff and defendant are both Portuguese, and do not express themselves clearly in our language, and hence the testimony is somewhat involved. It is gathered from the record that the plaintiff’s testimony was to the effect that defendant agreed with him that if he would pay certain expenses that had been incurred in the care and keeping of the horse, amounting to some seventy dollars the horse was to be his. He paid these expenses…