Bird City State Bank v. Goodland Equity Exchange

The opinion of the court was delivered by

Burch, J.:

The action was one by a chattel mortgagee, to recover the value of wheat from a purchaser. A demurrer was sustained to the plaintiff’s evidence, and it appeals.

The mortgage, which was duly recorded, was given in January, 1921, by Whitmore, and covered his two-thirds interest in 140 acres of growing wheat on land he leased from S. S. Dowell, who reserved as rent one-third of the crop. At harvest time-the plaintiff’s cashier inquired of Whitmore about cutting the wheat, the probable yield, and about threshing. Whitmore said he was making…