Cockrill

— Action in the nature of trover to recover damages for the conversion, by the defendants, of certain cattle.

In the original complaint, filed November 23, 1891, the plaintiff described herself as executrix of the will of Christopher Cockrill, deceased, who, she alleges, died on January 6, 1891, and whose will was probated and letters testamentary issued to her on January 31, 1891.

The canse of action alleged is: That on May 4, 1891, “the *124 plaintiff, as such executrix, was the owner and in the possession of” the cattle described, of the value of $1,268; that on that day the “ defendants wrongfully took said property and converted the same to their own use, to the damage of the plaintiff, as such executrix, in the sum of $1,268”; aud “that by reason of the detention of said property, the plaintiff, as such executrix, has been further damaged in the sum of $250”; for the sum of which damages she prays judgment.

The answer denies the alleged ownership and possession of the cattle by plaintiff as such executrix, or in any other capacity or character; but does not deny the alleged death of Christopher Gockrill, the probate of his will, nor the appointment and qualification of…