This section contains the nature of the case and procedural background.

E. Swift (P) leased a farm with cattle and sheep to Jirah Swift for a term of one year. P and Jirah were to divide the profits of the farm and the increase in stock, equally between them, and the stock was to remain on the farm during the year unless sold or taken off with the consent of P. Jirah sold the stock sometime during the month of August 1835 without the consent of P and absconded with the money. Moseley (D) who bought the stock drove them to his farm. P sued for trover and introduced evidence that D knew that Jirah had no right to dispose of the stock and that D purchased them well under market value. The county court dismissed the action, as P had brought suit before the lease had terminated. It rendered judgment for D. P appealed.

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