Rath v. Ponsor

The opinion of the court was delivered by

Mason', J.:

Wm. J. Rath sued I. O. Ponsor before a justice of the peace for $119 damages for the conversion of a quantity of hay which the plaintiff claimed under a chattel mortgage given him by *371W. R. McDaniel. In the district court a demurrer to the plaintiff’s evidence was sustained and he appeals.

The evidence tended to show these facts: July 12, 1920, McDaniel mortgaged the hay with other property to a bank to secure a note for $193.67, the mortgage being made of record the next day in the office of the register of deeds. September 14, 1920, the…