Atkinson v. White

One J. W. Larry was the owner of certain logs which he sold by a mortgage bill of sale to the defendants. He subsequently sold the same logs to the plaintiff’s intestate by an absolute bill of sale. It is admitted that the only question in dispute in this action is whether these defendants, by virtue of their mortgage, acquired a good title to these logs as against the plaintiff’s intestate.

After their purchase, these defendants sold a portion of the logs, warranting their title, to one Wm. Conner, who converted the same to his own use, and for so doing, this plaintiff, as administra tor,…