5 Colo. App. 359 | Colo. Ct. App. | 1894
delivered the opinion of the court.
The contention in this replevin suit is over the title to a bunch of horses claimed by the respective parties. Murray, the appellant, sued the bank which had taken the horses off the range where they were running. His title, if any, was derived through a purchase from one C. C. Murray on the 16th of September, 1888. The bank got whatever title it had under a chattel mortgage given by one John- McBride on a lot of horses, which the bank insisted included the horses in controversy. A few days after the appellant’s purchase, McBride bought some horses from the same vendor, C. C. Murray, and the transfer was evidenced by a bill of sale. It appeared at the trial that the horses in dispute had two brands on them, — one what is known as the “ Hoe ” brand, made in the similitude of that agricultural instrument, and one called the “ Cross O Cross ” (XOX) brand. As to the Hoe brand, it was a legitimate device properly recorded, and furnished
The appellant, Murray, was entitled to rest on the evidence of title furnished by the presence of the Hoe brand on the stock. This made out a prima facie case for him, and the jury should have been told that a recorded brand was such evidence of title. It was enough, as the proof stood, to establish his ownership. What this court might have done with the judgment if the only error suggested by the record was that relating to the testimony offered in rebuttal, it is not necessary to determine. The evidence was important. It
For the errors committed by the trial court in these two particulars, the case will be reversed and remanded.
Reversed.