Sitz & Co. v. Herzberg-Loveman D. G. Co.

MAYFIELD, J. —

Appellee recovered damages against appellants for tbe destruction of a lien on six bales of cotton. Appellee claimed through a mortgage executed by one C. A. Walker. Appellants claimed as purchasers from tbe wife of C. A. Walker. There were two material and disputed questions involved on the trial: (1) Whether tbe cotton belonged to tbe husband or to tbe wife; and (2) whether or not tbe wife bad authorized tbe husband to execute a mortgage on tbe cotton.

Tbe husband and wife bad lived on tbe place upon which tbe cotton was grown for a long time, and bad *239previously executed…