Dodd-Lear Hardwood Lumber Co. v. Gyr

Opinion by

BREWER, C.

The defendant in error, Gyr, sued the plaintiff in error in the court below for the wrongful conversion of 70,000 feet of cottonwood lumber. In the petition, after alleging a special ownership in the lumber by reason of a chattel mortgage thereon, the conditions of which had been breached, the plaintiff alleged as the gravamen of his action the following:

“That on about the 15th day of November, 1910, the Dodd-Lear Hardwood Lumber Company, by and through its servants and agents, entered.upon said premises, and, without authority, took possession of said cottonwood lumber,…