Per Curiam.
The judgment must be affirmed. The evidence as to the right of property in the mare and coltimay be somewhat questionable ; but the defendant below was, at all events, guilty of a tresspass, in sending a person on the land of the plaintiff to take them away. (6 Johns* Rep. 5.) The action was, therefore, technically supported, and where the evidence as to true ownership of the property is so nearly balanced, the judgment ought not to be disturbed.
Judgment affirmed.