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A transcript of the record of the judgment complained of is herewith presented, by which it will appear that the case is as follows.-

The action was brought to recover of the deft- a certain mare, alleged to be of the value of $75. & which was claimed to belong to the pltff & to be in the possession of the deft. The declaration alleges that a request had been made for the delivery of the mare, which was refused by him, five witnesses on the trial testified that they knew the mare to the one that was in possession & ownership of the pltff in July 1863, at which time it was lost by him, having been stolen in Fairfax County Va. & that they afterwards in the Fall of 1865, saw the mare in the possession of the defendant. Six witnesses testified that they knew the mare to have been in Washington since the Spring of 1862, that it was bought at Gov't. sale & afterwards sold at auction in the Spring of 1862. The value of the mare was assessed by the jury at $75 & damages were given of $75 in detention.

Your petitioner assigns the following errors in the said judgment.

1st. The verdict was against the evidence & there was no evidence to support it. There was no evidence given that any damages had been suffered by the detention. There is no evidence to show that the deft. had the horse otherwise than in good faith & he had no knowledge that any

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