Brumley

In December, 1887, one Chester R. Brumley leased from the owner 16,320 acres of grazing land for the year 1888. Between January 1 and February 7, 1888, the defendant’s cattle wrongfully entered upon a portion of this land, and ate up, trod down, and destroyed the grass and feed growing thereon. In May, 1888, the said Brumley died, and thereafter the plaintiffs were duly appointed and qualified as executors of his will'. The plaintiffs, as such executors, brought this action to recover damages for the alleged trespasses of defendant’s cattle in the sum of one thousand dollars. The case ivas tried before the court, without a jury, and by the judgment the plaintiffs were awarded the sum of $325 and costs of suit. From this judgment, and an order denying a new trial, the defendant appeals.

1. At the trial C. J. Brumley was called as a witness for plaintiffs, and, after stating that he was the son of Chester R. Brumley and one of the plaintiffs, proceeded to testify as follows: “ I know the land described in the complaint, and have known it for the past fifteen years; it is grazing land. I know defendant’s cattle; they are branded with a star. I saw defendant’s cattle on the land…