Hughes brought an action against Lowe and wife for the recovery of personal property. Trial by jury; verdict for the plaintiff; motion for a new trial overruled. The evidence is a part of the record.

On the trial, at the proper time, Lowe offered himself as a witness in his own behalf only, to prove that the. hogs *400(the property in controversy) bad never been in bis possession or under bis control; that be bad never claimed any right, title or interest in or to them; that tbe bogs were the property of Mrs. Lowe. Tbe wife offered herself as a witness in ¡her own behalf only, to prove that sbe was ■ tbe owner, in her own right, of tbe bogs; that they were detained by her as her own separate property; that no- demand bad ever been made on her for the possession of them; that sbe purchased them of one George Brown, and took care of and fed them all summer; that sbe knew them well, and knew their relative sizes, and that they were confined in a pen on her own individual premises.

Tbe offered evidence was rejected by tbe court, and this was one of tbe causes assigned for a new trial. Tbe evidencé ought to have been admitted. Albaugh et al. v. James, ante, p. 398. The court below' erred in overruling tbe motion for a new trial.

Tbe judgment is reversed, with costs, and tbe cause remanded, with directions to grant a new trial, and for further proceedings.