Security State Bank v. Security State Bank

This is an appeal from an order granting a new trial. The action is one in conversion. The plaintiff claims that defendants converted grain upon which it held a crop mortgage executed by one Overholt. In their answer defendants deny that the plaintiff has a mortgage upon the grain in controversy; and allege that such grain was raised on certain lands which were included in plaintiff's mortgage by reason of a mutual mistake of Overholt (the mortgagor) and the plaintiff (the mortgagee). There was a verdict for defendants for a dismissal of the action. Plaintiff, thereupon, moved for judgment…