Sample v. Verner-Kelly Live Stock Commission Co.

This is an action in replevin. Plaintiff was the owner of a pasture in Greenwood county, Kansas, and on August 21,1913, one Wiershing, being the owner and in possession of eighty head of cattle, put them into plaintiff’s possession to he kept on said pasture for the rest of the grazing season for the sum of $240 the owner agreeing not to take the cattle away without first paying the pasturage.

At the time this was done the defendant held two chattel mortgages on the cattle which were on record in Greenwood county.

On Sunday, September 28, 1913, Wiershing, without plaintiff’s knowledge or…