¶1delivered the opinion of the Court:
¶2This was an action of replevin for forty-two head of cattle, in which, among others, was the plea of property in the defendant.
¶3It was contended, upon one side, that the'sale of the cattle was conditional, and upon the other, that it was an absolute sale.
¶4Much and contradictory and conflicting testimony was heard on this point, and the jury found for the defendant.
¶5In cases so situated, the court is not at liberty to set aside a verdict. It is impossible to say on which side it preponderates, and the jury, judging of it with better lights than we can have, have been influenced by it in a direction which we can not say was the wrong direction, and can not disturb their finding.
¶6It is further complained by plaintiffs in error that the court refused to give certain instructions asked by them.
¶7In looking at the mass of instructions asked, we find that all the important matter to be found in the refused instructions was contained in those given, and it was no error in the court to refuse to repeat them.
¶8Perceiving no error in the record, the judgment is affirmed.
¶9Judgment affirmed.