Patison

The action was brought to recover the possession or value of certain livestock and hay taken by defendant from the plaintiff. The defense was a general denial, and, as to the livestock, justification of the taking under the “act relating to estrays,” etc., of March 27, 1897 (Stats. 1897, p. 198). The court found the ownership of the property in controversy in the plaintiff, and the taldng of the same by the defendant. The only specifications with regard to these findings are the insufficiency of the evidence to justify the finding of ownership “at any time after .... June 15, 1897,” the date of the sale of the animals by the constable as estrays, or to justify the finding that “defendant took said property without right.” This disposes of the question as to the hay in favor of the plaintiff, and leaves us to consider only the plea of justification, under the act, for the taking of the livestock. On this point it appears from the evidence that the animals were taken up on a tract of land described as the north half of section 22 of a specified township and range, and that the date of the taking was May 3, 1897. This land prior to November 21, 1895, belonged to the plaintiff’s wife,…