Madden v. Walker

The opinion of the court was delivered by

Schoonover, J. :

This is an action for the wrongful conversion of 405 bushels of wheat, of the value of $202.50. The Bank of McCracken held a first, and Ed. F. Madden, plaintiff in error, a second mortgage, given by N. B. Drummond, on the wheat in controversy and other personal property. Drummond, with the knowledge and consent of the Bank of McCracken, sold to the defendant in error, S. C. Walker, 405 bushels of wheat, of the value of $202.50, which was *698applied on a debt not secured by this mortgage, due from Drummond to‘"Walker.

The theory of plaintiff…