Dutton v. Gibson

The plaintiff, R. L. Gibson, sued defendant, J. E. Dutton, in trover for the conversion of “two black horse mules about ten years oíd and weighing about 1,050 each.”

Both parties claim under mortgagee from one Wallace Harroway, now deceased.

Plaintiff’s evidence goes to show that during the fall of 1924 he let Harroway take the mules for their keep, looking to a future purchase of them; that on January 7, 1925, a sale was made to Harroway and mortgage to plaintiff executed contemporaneous therewith. Meantime, however, on January 1, 1925, defendant took a mortgage from Harroway, and it was duly…