Cumbee v. Eady-Baker Grocery Co.

Action in trover by appel-lee against appellant for the conversion of a number of bales of cotton embraced in a mortgage executed to plaintiff by a Mrs. Clayton Cone on January 21, 1921, and duly recorded January 22, 1921.

Defendant sought to justify his conversion of the cotton by reason of a prior crop mortgage executed by Mrs. Cone to himself on January 15, 1921, but which was not recorded until subsequent to the recordation of plaintiff’s mortgage, to wit, January 27, 1921. Defendant insisted, however, that at the time of the execution of plaintiff’s mortgage actual notice was given of the…