Polk County Bank v. Spitz

PREWITT, Chief Judge.

Plaintiff filed a three-count petition. Count I sought recovery against defendants Spitz on a promissory note. Count II was directed against all defendants and asked the court to declare that plaintiff’s security interest in certain cattle was superior to a security interest in the cattle claimed by defendant Graven. Plaintiff’s lien was acquired as security for the payment of the promissory note sued on in Count I. Count III claimed that plaintiff’s security interest in the cattle was superior to the interest claimed by Graven and sought damages for his conversion of the…