Duhart

The complaint alleges that the executors of the estate of Miguel Leonis let and demised unto the plaintiff certain lands belonging to the estate for the term of eight months from and after February 1, 1891, and thereupon plaintiff took possession of and has ever since held the same; that on February 1, 1891, the defendant “ entered upon the plaintiff’s said described property, and drove into and kept upon the said land about four hundred head of cattle and about three thousand head of sheep, and trod down and depastured and destroyed all the grass and herbage thereon, and so kept the said cattle and sheep upon the same continually thereafter and until on or about the seventeenth day of April, 1891, .... without the consent of plaintiff, and to his damage in the sum of two thousand dollars.”

The facts of the case are not disputed. They show that defendant had the right to pasture four hundred head of cattle upon the lands until the first day of September, 1890; that after this right expired, the executors gave him “ permission to pasture upon the said lands his gentle band of cattle, consisting of fifty or sixty head, until the thirty-first day of December, 1890, in consideration…