Fouts Bros. v. Ayres & Co.

FISHER, Chief Justice.

This is a suit by appellees against appellants to recover damages for the value of certain cotton alleged to have been converted and appropriated by appellants, and upon which the appellees held a mortgage. Judgment below was in favor of the appellees for the value of the cotton, which amount was less than the debt held by appellees against the mortgagor. The appellees’ claim to the cotton grows out of a mortgage executed to them by T. M. Cass, the owner of the cotton.

After the mortgage was properly executed and recorded, the mortgagor sold and delivered the cotton to…