Stockbridge v. Crockett

KEY, Associate Justice.

Appellants sued appellee to recover damages for the conversion of fifteen head of cattle. Both parties asserted title under E. H. Stockbridge, appellants as purchasers, and appellee as a prior lien-holder under a mortgage authorizing him to take possession of and sell the cattle upon the failure of E. H. Stockbridge to pay certain debts at maturity.

The uncontroverted testimony shows that the defendant took the cattle from the actual possession and without the consent of the plaintiffs; that he claimed the right so to do under his alleged mortgage from E. H. Stockbridge;…