Chase

Action in claim and delivery to recover three horses or their value.. Defendant set up two defenses to the action: 1. Denial of most of the material allegations of the complaint; 2. That the three horses, with four others owned by plaintiff, were found damage feasant upon his premises; were impounded, notice given to plaintiff, damages assessed, property sold by constable and purchased by defendant, substantially as pro *365 vided by statute of March 27,1872, entitled, “An act to protect agriculture and to prevent the trespassing of animals upon private property.”

The cause was tried by the court without a jury. The court found in part as follows: 1. Plaintiff was, and is, the owner of the property, which is of the value of ninety dollars; 2. That defendant was, on or about July 20, 1895, the occupant of certain described real property in Contra Costa county, and on July 20, 1895, found said horses, with others, upon his land, having done and doing damage, and took up and safely kept said horses until taken from him by the sheriff in this action; 3. Defendant notified plaintiff July 20, 1895, of such detention and the reason thereof; 4. Plaintiff is indebted to defendant for…