Schwanz v. Farmers Co-Operative Co.

(dissenting). — I cannot concur in the opinion of the majority on the question of the measure of damages. The facts are simple. Herman Schwanz owned some hog's. He gave a chattel mortgage on them to the .intervener.' The mortgage was duly .recorded. It covered increase, and the pigs in question are the-increase. Appellant had constructive notice-of the mortgage.- He bought-the pigs from the mortgagor, and immediately • commingled them-with others of his own, of like age, size, and breed. From that moment, they. could not have been- identified by the mortgagee, or anyone acting for him.…