Allis Chalmers Manufacturing Co. v. Lewelling

The opinion of the court was delivered by

Smith, J.:

While the parties disagree as to the nature of the action in this case, it appears to have originated as one for conversion of wheat, upon which plaintiff claimed to have a chattel mortgage. Plaintiff alleged defendant purchased the wheat from the mortgagor, George Kenneck, after it had notice of plaintiff’s mortgage. Plaintiff recovered judgment for the value of the wheat, and defendant appeals.

The mortgagor, Kenneck, was not a party to this action, but was a party to two other actions involving Kenneck and the plaintiff 'herein. The present…