Martinek v. Carlson

The opinion of the court was delivered by

Marshall, J.:

The plaintiff, a mortgagee of growing wheat, prosecuted this action against Oscar Carlson, the sheriff of Shawnee county, to recover the possession of wheat. The sheriff held the wheat under an execution issued in an action in which the trustees of J. Thomas Lumber Company had procured a judgment against Steven Martinek, the mortgagor of the wheat. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The contest revolves round the validity of the description of the wheat as set out in the chattel mortgage which was…