Montgomery Production Credit Ass'n v. M. Hohenberg & Co.

SIMPSON, Judge.

This suit originated in the Circuit Court of Crenshaw County and involved thirteen bales of cotton grown and harvested by one Martin, and upon which he had given the plaintiff, Montgomery Production Credit Association, a written mortgage.

Martin, the mortgagor, sold the cotton to one Foshee, who, in turn, sold and delivered it to the defendant, M. Hohenberg & Company.

The first two counts of the complaint were in trover for conversion of the cotton, and the third sought damages for the destruction of the lien of plaintiff’s mortgage. Trial in the circuit court was without a jury…