Peoples Bank v. Bryan Bros. Cattle Co.

REAVLEY, Circuit Judge:

This case is to determine ownership of cattle and whether two contesting banks held a security interest in them. The district court 1 granted summary judgment for the buyer of the cattle on the ground that the apparent seller was the owner and passed title to the buyer free of a lien. We hold that a fact issue exists on the ownership of the apparent seller, and we reverse the judgment.

Bryan Brothers Cattle Company and B&S Cattle Company (“Bryan”) paid Glen-brook Cattle Company (“Glenbrook”) for the cattle, but two banks — Peoples Bank and Cornerstone Bank — claim that…