46 P. 829 | Idaho | 1896
This action was originally commenced in the probate court of Nez Perces county, and was brought to recover possession of a certain number of sheep claimed by plaintiff. The facts, as shown from the record, are as follows: The plaintiff and defendants are engaged in the sheep business in Nez Perces county. During the winter of 1895 a number of sheep from the band of plaintiff strayed into the band of defendants — some one hundred and sixty head. Within three or four days thereafter defendants notified plaintiff of the fact, and requested him to come and remove his sheep from the band of defendants. This the plaintiff neglected to do, and defendants herded and' cared for said sheep of plaintiff during the winter of 1895 and 1896. In the spring of 1896 plaintiff made demand of defendants of delivery of said sheep. Defendants refused to deliver them until their bill for herding and keeping, amounting to fifty dollars, was paid. Thereupon plaintiff brings his action of claim and delivery. Now, it would seem to the ordinary mind that the issues arising from this state of facts are brief and-simple. There was no dispute about the facts. The only question was, Is the plaintiff legally bound to pay the agister’s lien of the defendants to entitle him to the possession of the sheep? To settle this question