Ross v. Strahorn-Hutton-Evans Commission Co.

STEPHENS, Associate Justice.

The court’s conclusions of fact we adopt, from which it appears that appellant Ross shipped to market and sold, appropriating the proceeds of the sale to his own use, a lot of cattle upon which the appellee had a valid and prior mortgage, and that while this prior mortgage had been duly registered in the proper county, a release thereof had been made by mistake and fraudulently entered in the chattel mortgage registry, but that Ross had no actual knowledge either of the mortgage or the purported release at the time he took the junior mortgage under which he…