Cattle whose owner is unknown. 2 Kent, Comm. 359; Spelman; 29 Iowa, 437. Any beast not wild; found within any lordship, and not owned by any man. Cowell; 1 BL Comm. 297.
Estray must be understood as denoting a wandering beast whose owner is unknown to the person who takes it up. An estray is an animal that has escaped from its owner, and wanders or strays about; usually defined, at common law, as a wandering animal whose owner is unknown. An animal cannot be an estray when on the range where it was raised, and permitted by its owner to run, and especially when the owner is known to the party who takes it up. The fact of its being breachy or vicious does not make it an estray. Walters v. Glatz, 29 Iowa, 439; Roberts v. Barnes, 27 Wis. 425; Kinney v. Roe, 70 Iowa, 500, 30 N. W. 776; Shepherd v. Hawley, 4 Or. 208.