Long v. W. P. Devereux Co.

MR. JUSTICE AN6STMAN

delivered the opinion of the court.

This is an action in conversion to recover as damages the reasonable value of certain wheat. The cause was tried to the court without a jury, resulting in judgment in favor of plaintiff, from which defendants and intervener, Edgar State Bank, appealed.

The record discloses that the wheat in controversy was grown in the year 1927 upon lands belonging to plaintiff but which she had mortgaged in May, 1922, to the intervener, and represents a portion of the landlord’s share of the rental for that year. The mortgage contained this clause: “It…