Morrison v. Montgomery

The opinion of the court was delivered by

West, J.:

The plaintiff, claiming under a chattel mortgage, sued in replevin to recover certain wheat or its value claimed to have been sold to the defendant, and from an adverse judgment appeals. The mortgage was made in September, 1913, the description being:

“One-half of wheat now sown by the undersigned on the farm owned by F. W. Sweeney, being on the S. E. % of Sec. 21, Twp. 8, Range 18, being all the wheat sown by me on land of F. W. Sweeney, whether on this quarter above mentioned, or on other quarters.”

The instrument was duly recorded. The debt…