Turman

This is an appeal by plaintiff from a judgment in favor of defendant and from an order denying a new trial. In the complaint (which was not verified) it is averred that plaintiff is, and during a certain named period was, “the owner of and lawfully in possession of” a large body of land described by legal subdivisions; and *547 that during the said named period defendant’s cattle pastured on said land, and destroyed grass, hay, etc., to plaintiff’s damage in the sum of $3,000. In the answer “each and every allegation” of the complaint is denied. The court found that plaintiff was not either the owner or in possession of any part of the land described in the complaint at any time mentioned therein, and the evidence clearly warrants said finding. To prove paper title, plaintiff introduced a properly certified transcript of a recorded deed from one Maurice Dore to plaintiff, which purported to convey “a portion” of the land described in the complaint—what portion does not appear. There was then introduced a defective certificate of another recorded deed from said Dore to plaintiff of a “further portion” of said lands, and another defective certificate of a recorded deed to plaintiff…