Citizens' State Bank v. Bailey

This is an action for the possession of mortgaged cattle. ' The principal dfefendants mortgaged the cattle to plaintiff in February, 1920. This contest is between plaintiff and the intervener, who claims his agister’s lien is superior to plaintiff’s mortgage. Rev. Code 1919, § 1669. The testimony on the part of the intervener tends to show the following state of facts:

In June, 1920, feed and water became scarce, and the cattle were removed to land under the control of the intervener, with the knowledge and consent of the plaintiff bank, and defendants contracted in writing to pay intervener…